dissenting.
I respectfully dissent. The majority holds the District Court did not abuse its discretion in transferring Homer Stark’s case to the County Court at Law. I disagree. One of the remedies sought by Mr. Stark was the imposition of a constructive trust on all the assets he alleges he should have inherited, including the Roslyn Ranch. The majority faults Mr. Stark for not presenting testimony that the Roslyn Ranch had such a sentimental value that monetary damages would not compensate him for its loss. In the first place, no testimony was presented by either side, the hearing was simply argument by the attorneys. Next, Mr. Stark plead for the constructive trust and that was sufficient. See Gaynier v. Ginsberg, 763 S.W.2d 461, *643463 (Tex.App.-Dallas 1988, writ ref'd n.r.e.) which stated:
We hold that where it appeared from the pleadings that the suit involved issues for which the jurisdiction of the probate court was inadequate to grant the relief sought, the district court should have continued to exercise its jurisdiction. Griggs v. Brewster, 122 Tex. 588, 62 S.W.2d 980, 985 (1933).
And last, it is well-established law that each and every piece of real estate is unique, Butnaru v. Ford Motor Co., 84 S.W.3d 198, 209 (Tex.2002) (citing Home Sav. of Am., F.A. v. Van Cleave Dev. Co., 737 S.W.2d 58, 59 (Tex.App.-San Antonio 1987, no writ)) “(noting that ‘each and every piece of real estate is unique’ and that ‘is certainly an element to be considered in deciding whether there [will be] irreparable damages’).” See also Amerada Hess Corp. v. Garza, 973 S.W.2d 667, 678 (Tex.App.-Corpus Christi 1996, writ dism’d w.o.j.); Boatman v. Lites, 970 S.W.2d 41, 46 (Tex.App.-Tyler 1998, no pet.); Greater Houston Bank v. Conte, 641 S.W.2d 407, 410 (Tex.App.-Houston [14th Dist.] 1982, no writ); Metropolitan Life Ins. Co. v. La Mansion Hotels & Resorts, Ltd., 762 S.W.2d 646, 652 (Tex.App.-San Antonio 1988, writ dism’d), therefore Mr. Stark was not required to present testimony of its uniqueness.
I would grant the mandamus and direct the District Judge to -withdraw the transfer order.