Texas Business Court Decision – September 23, 2025

No. 25-BC04A-0013    Charlotte Barrett v. Marcus Barrett, IV, et al. (Fourth Division, J. Barnard)  25-bc04a-0013-barrett-v-barrett-2025-tex-bus-37.pdf

Civil case – Jurisdiction.  In this action filed in Bexar County Probate Court,  plaintiff contended the three individual defendants mismanaged family trusts during the time they served as trustees; she sought modification of the trust documents, damages, dissolution of one of the defendant entities, attorneys fees, and other relief. Defendant Marcus Barrett removed the matter to the Business Court, contending jurisdiction existed because plaintiff’s case regards governance of the two corporate defendants, as well as allegations the individual defendants breached their duties to the partnerships and their owners; finally, jurisdiction existed because plaintiff sought dissolution of one of the corporate defendants. Plaintiff opposed removal, asserting there was no removal jurisdiction because section 25A.006(d) of the Government Code does not cover removal from probate courts.

Held:  Section 25A.006(d)  states the Business Court has jurisdiction over matters filed in district court or county court at law that is within the jurisdiction of the business court; plaintiff’s  action is a trust matter and her claims arise directly out of the various sections of Title 9 of the Property Code; under  Section 25A.004(g), the court does not have jurisdiction over Title 9 claims unless they fall within the court’s supplemental jurisdiction; however, the section 25A.004(f) states that for claims to fall within the supplemental jurisdiction of the Business Court, the parties must agree with the claims proceeding in the Business Court; plaintiff does not, and the court lacks jurisdiction over plaintiff’s claims. Remanded to Bexar County Probate Court.