dissenting.
This is a dispute over ownership and partition of land. The district court has subject matter jurisdiction. See Gordon v. Jones, 196 S.W.3d 376, 381-82 (Tex.App.-Houston [1st Dist.] 2006, no pet.). No estate is under administration by a probate court. See Schuld v. Dembrinski, 12 S.W.3d 485, 487 (Tex.App.-Dallas 2000, no pet.); compare Saenz v. Saenz, 49 S.W.3d 447, 449 (Tex.App.-San Antonio 2001, no pet.). The district court may determine heirship in the exercise of its authority to decide the ownership interests in the land and partition the property. See Garza v. Rodriguez, 18 S.W.3d 694, 699 (Tex.App.-San Antonio 2000, no pet.); Estate of Maxey, 559 S.W.2d 458, 460 (Tex.Civ.App.-Texarkana 1977, writ ref'd n.r.e.) (“[I]n a non-*856probate case such as a trespass to try title suit,” a district court may “determine the heirs of a decedent and do all things necessary and proper to ascertain the lawful owners of the property.”); Trevino v. Lerma, 486 S.W.2d 199 (Tex.Civ.App.-Beaumont 1972, no writ); Wells v. Gray, 241 S.W.2d 183, 185-86 (Tex.Civ.App.-San Antonio 1951, writ refd)(“When the district court originally obtains power and jurisdiction over all the parties and the subject-matter, it may determine the heirs of a decedent and do all things necessary and proper to ascertain the lawful owners and effect the partition.”); Murphey v. Murphey, 131 S.W.2d 158, 160-61 (Tex.Civ.App.-Waco 1939, no writ).
When a court lacks jurisdiction over the subject matter, any judgment that the court may render is void. Gordon, 196 S.W.3d at 382. The trial court awarded Leonard Jeter only the 25% interest conveyed to him by Octovene Powell. Leonard Jeter claims entitlement as Maine’s heir to an additional 25% interest in the land. Appellee Bill McGraw testified at his deposition as follows:
Q. [Jeter’s Attorney] I don’t think there’s any dispute, is there, that Leonard Jeter is the son of Maine Jeter? You are not disputing that, are you?
A. [Bill McGraw] No.
Appellee Bill McGraw, an attorney, prepared the affidavit of heirship stating appellant Leonard Jeter was the son of Maine Jeter. The majority says the judgment is void. I disagree. If Leonard Jeter failed to appeal the judgment the majority considers void, could he have attacked it in another court proceeding at any time?
Whether or not Leonard Jeter is entitled to the additional 25% interest in the land, the district court has subject matter jurisdiction to decide the merits of the dispute here. See Gordon, 196 S.W.3d at 382 (Jurisdiction refers to the power of a court to determine the merits of an action and render a judgment.). We should review the issues raised in this appeal. I respectfully dissent.