Money Please

Putnam wanted $6,000 back from the county courts, that he had posted earlier as a supersedeas deposit. Unsuccessful in obtaining the money from the clerk’s office, he sued the county clerk, who obtained dismissal on jurisdictional grounds. The Fifth Court, after modifying the dismissal to be “without prejudice,” encouraged Putnam to seek relief from the probate judge rathe than the clerk:

Putnam’s claim is for the return of a deposit he paid to supersede a probate court order issued in connection with the administration of Powell’s estate. We conclude his claim arises from an estate administration and is thus a probate proceeding. Further, Putnam’s claim does not fit within the examples of “matters related to a probate proceeding” in [Tex. Probate Code] § 31.002, most of which involve claims brought by or against an estate’s personal representative. The probate court had exclusive jurisdiction over Putnam’s claim, and the county court did not err in granting Warren’s plea to the jurisdiction.

No. 05-23-00235-CV (July 26, 2024) (mem. op.).