Legal Opinion

In re Kelm

Court of Appeals of Texas

Decided November 20, 2018No. 01-18-00688-CV; NO. 01-18-00847-CVPublishedCited by 1 opinion

1Opinion of the CourtMichael Massengale, Justice

In two separate original proceedings, Eunice Kelm seeks to compel the trial court to vacate orders in a guardianship *234proceeding.1 The first order compelled her to submit to an involuntary medical examination without allowing her to present evidence or argument at the hearing mandated by Estates Code section 1101.101(c). The second order was entered without notice or a hearing, striking the pleadings filed by Kelm's retained counsel and ordering him to disgorge within 24 hours all attorney's fees paid to him and to produce an accounting within 72 hours. The purported justification for the…

2Cases cited15 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  4. Zinermon v. BurchSupreme Court of the United States · 1990
  5. Jack B. Anglin Co., Inc. v. TippsTexas Supreme Court · 1992

10 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. In Re: The Guardianship of Samuel Allen Mascorro, Jr., an Incapacitated Person v. the State of Texas, Texas Court of Appeals, 5th District (Dallas)2023

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