Ortiz v. Gutierrez

It is one thing to hold that a written waiver of service signed by a respondent mentioned in Probate Code § 130(c)1 is not enforceable. Therefore I do not challenge default judgment reversals such as Dyer v. Wall, 645 S.W.2d 317 (Tex.App.-Corpus Christi 1982, no writ), on which the majority relies. A respondent might not understand the legal effect of the instrument and a default judgment might result.

But the rule should be different when the respondent enters an appearance by attorney. Here the respondent has been aggressively defended by retained counsel, who answered, filed several…