Dianna Jones v. Currie A. Mcree, IV Individually and as Independent Co-Executor of the Estate of Harold John Brelsford, Deceased, Ed Baranowski, Independent Co-Executor of the Estate of Harold John Br

State: Texas

Court: Texas Northern District Court

Docket No: 01-11-00266-CV

Case Date: 08/30/2012

Plaintiff: Dianna Jones

Defendant: Currie A. Mcree, IV Individually and as Independent Co-Executor of the Estate of Harold John Brelsf

Preview:Opinion issued August 30, 2012.

In The

Court of Appeals
For The

First District of Texas
------------------------

NO. 01-11-00265-CV NO. 01-11-00266-CV ---------------------- DIANNA JONES, Appellant V. HAROLD PETSCH BRELSFORD, SUSANNA MELISSA BRELSFORD, JOHN PETSCH BRELSFORD, GEORGANNA BRELSFORD, EDYTH BRELSFORD, JEFFERSON BRELSFORD, AND JOSEPH BRELSFORD, Appellees

On Appeal from the Probate Court No. Two Harris County, Texas Trial Court Cause Nos. 380,313-401 and 380,313-402

OPINION ON REHEARING In this dispute with her siblings--Harold Brelsford, Susanna Brelsford, and John Brelsford--over the division of their deceased parents' estates, Dianna Jones brings an interlocutory appeal of the probate court's orders (1) denying confirmation of an arbitration award in her favor and instead, vacating the award and (2) appointing a new arbitrator. Because the arbitration award also affected the property interests of another of Dianna's siblings, Georganna (Madge) Brelsford, and three of the decedents' grandchildren, Edyth Brelsford, Jefferson Brelsford, and Joseph Brelsford, they are also parties to the appeal. We previously issued an opinion and judgment affirming the vacatur of the arbitration award, reversing the appointment of a new arbitrator, and remanding for further proceedings. Harold, Susanna, and John have moved for rehearing on the ground that we lack jurisdiction to review the appointment of a new arbitrator. After review of the argument and authorities cited in the rehearing motion, we agree with Harold, Susanna, and John. Accordingly, we grant the rehearing motion to explain the scope of our jurisdiction under section 171.098 of the Texas Civil Practice and Remedies Code,1 withdraw our prior opinion and judgment, and substitute the following in their stead.

1

See TEX. CIV. PRAC. & REM. CODE ANN.

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