Seter v. Westdale Asset Management, 2024 Tex. Bus. 7 (1st Div.) (mem. op.)

2024 Tex. Bus. 7
The Business Court of Texas,
First Division
Christopher Seter,
Plaintiff,
v.
Westdale Asset Management, Ltd.,
JGB Ventures I, Ltd., Joseph
Beard, and Westdale Investments,
L.P.,
Defendants.
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Cause No. 24-BC01A-0006
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Memorandum Opinion and Order to Remand
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1 	Before the Court is Plaintiff’s Motion to Remand, challenging removal
on grounds that the action was commenced before September 1, 2024, and
because 	the 	amount 	in 	controversy 	does 	not 	fall 	within 	this 	Court’s
jurisdiction.
2 	The legislation creating the Business Court specifically states that the
Court “is created September 1, 2024” and that “changes in law made by this
Act apply to civil actions commenced on or after September 1, 2024.” Act of
May 25, 2023, 88th Leg., R.S., ch. 380 (H.B. 19 §§5, 8); 2023 Tex. Sess.
Law Serv. 919, 929 (H.B. 19). In six prior instances, this Court has
remanded 	actions 	commenced 	before 	September 	1, 	2024, 	for 	lack 	of
authority or want of jurisdiction. See, e.g., Energy Transfer LP, et al. v.
Culberson Midstream LLC, et al., 2024 Tex. Bus. 1 (Tex. Bus. Ct. October 30,
E-filed in the Office of the Clerk
for the Business Court of Texas
12/16/2024 12:02 PM
Accepted by: Beverly Crumley
Case Number: 24-BC01A-0006

2024) (holding “this court does not have authority over cases filed before
September 1, 2024”); Jorrie v. Charles, et al., Tex. Bus. 4 (Tex. Bus. Ct.
November 7, 2024) (holding “[b]ecause this suit commenced before that
date, the court lacks jurisdiction to adjudicate it.”); Winans v. Berry, Tex.
Bus. 5 (Tex. Bus. Ct. November 7, 2024) (holding “because this case
commenced prior to September 1, 2024, Chapter 25A and its removal
procedure do not apply to it . . .”). The Court is unpersuaded by Defendants’
arguments that these cases were wrongly decided.
3 	It is undisputed that the instant action commenced before September 1,
2024. Without reaching Plaintiff’s second argument, the Court holds that
removal is improper and grants the motion to remand. IT IS THEREFORE
ORDERED that the case is remanded to County Court at Law No. 3, Dallas
County, Texas.
ANDREA K. BOURESSA
Judge of the Texas Business Court,
First Division
SIGNED ON: December 16, 2024.