Bernstein v. Portland Sav. & Loan Ass'n
In Bernstein v. Portland Sav. & Loan Ass'n, 850 S.W.2d 694 (Tex. App.--Corpus Christi 1993, writ denied) the defendant died while litigation was pending.
The personal representative of the estate, who was for a period of time also a defendant in the suit in his individual capacity, filed a motion for sanctions individually and as personal representative of the estate. The case proceeded to trial against the deceased defendant, and the judgment was entered against the estate. Bernstein, 850 S.W.2d at 700.
The Court of Appeals held, "the judgment against the personal representative is valid, even though it was incorrectly entered against the estate." Id.