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Click here for the full text of this decision FACTS:On August 30, 2002, Mattie Armes tripped and fell over a concrete parking stop outside the Bingo Barn, a business owned by Jess and Peggy Thompson d/b/a J&P Enterprises (appellees). She died almost two years later, on July 18, 2004, from an unrelated illness. On August 27, 2004, a lawsuit was filed in Armes’ name against the appellees. The petition did not indicate that Armes was deceased. Discovery for Armes’ past and future medical expenses, physical pain and mental suffering, mental anguish, physical impairment, and loss of household services was prayed for, and punitive damages were sought. Armes’s daughter, Cindy Luna, was appointed temporary administratrix for her mother’s estate on October 26, 2004. Appellant’s counsel filed a suggestion of death on Nov. 10, 2004, on behalf of Luna and requested that she be named as the plaintiff and that the suit proceed in her name. The appellees subsequently filed a motion to dismiss for want of jurisdiction contending that the original petition purportedly filed by Armes did not invoke the trial court’s jurisdiction because it was not filed by Armes’ heirs or her estate’s personal representative. The trial court granted that motion and dismissed Armes’ litigation. HOLDING:Affirmed. A plaintiff must have both standing and capacity to bring a suit. Coastal Liquids Transportation v. Harris County Appraisal District, S.W.3d 880 (Tex. 2001). When Armes passed away, she no longer represented a legal entity for purposes of filing suit and, therefore, did not have standing to assert a claim. Stinson v. King, 83 S.W.2d 398, 399 (Tex. Civ. App. � Dallas 1935, writ dism’d) (“suits can be maintained by and against only parties having an actual or legal existence”). Any claim she owned before her death passed to her heirs or devisees, subject to her estate’s administration. Because Armes individually had no standing and because the suit was purportedly filed on her behalf individually, the original petition did not invoke the trial court’s jurisdiction. In effect, the appellant asks the court to treat the original petition filed in Armes’ name individually as if it was filed on behalf of Armes’ estate. The relation-back doctrine allows an amendment or supplement to pleadings without being subject to a plea of limitation, as long as the amendments are not based on new, distinct, or different transactions. Texas Civil Practice & Remedies Code �16.068. The relation-back doctrine has been applied to cure capacity issues, but it cannot retroactively create personal jurisdiction. The supreme court allowed the alleged personal representatives in Austin Nursing Center Inc. v. Lovato, 171 S.W.3d 845 (Tex. 2005), and Lorentz v. Dunn, 171 S.W.3d 854 (Tex. 2005), to obtain the probate court’s authority to represent the estates after they had filed litigation on behalf of the estates. That does not mean that subsequent pleadings can give the trial court jurisdiction over new parties retroactive to the original filing of the suit. Covington v. Sisters of Charity of the Incarnate Word, 179 S.W.3d 583 (Tex. App. Amarillo 2005, pet. denied). The court believes a situation similar to Covington exists in this case. Because Armes passed away before this suit was filed, she did not have standing to assert a claim; and the original petition filed in her name individually did not invoke the trial court’s jurisdiction. The appellant’s reliance on Texas Rule of Civil Procedure 151 and the suggestion of death is “questionable,” because the rule’s language suggests that it applies when the plaintiff dies after suit is filed rather than before. Even if it is applicable and even the suggestion of death is construed as a motion to substitute parties, Luna’s suggestion of death did not relate back to the original petition because that pleading was a nullity. OPINION:Strange, J.; Wright, C.J., McCall and Strange, JJ.

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