Legal Opinion
In Re Mask
Texas Court of Appeals, 4th District (San Antonio)
Decided March 15, 2006No. 04-06-00097-CVPublishedCited by 35 opinions
1Opinion of the Court
OPINION
Opinion by
PHYLIS J. SPEEDLIN, Justice.
In this original proceeding, Ella V. Mask challenges an order granting temporary limited guardianship of her person and her estate. Because the order was signed without proper service of notice on Mask, or her appearance, the trial court did not have jurisdiction to enter the order; therefore, it is void. Accordingly, we conditionally grant the writ of mandamus and order the trial court to vacate the temporary guardianship order.
BACKGROUND
On January 23, 2006, Mask’s grandsons, Ronnie and Jimmy Rogers, filed an “Emergency Application for Appointment…
2Cases cited12 opinions
- Walker v. PackerTexas Supreme Court · 1992
- Kawasaki Steel Corp. v. MiddletonTexas Supreme Court · 1985
- In Re Southwestern Bell Telephone Co.Texas Supreme Court · 2000
- Browning v. PlackeTexas Supreme Court · 1985
- Werner v. ColwellTexas Supreme Court · 1995
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- In the Guardianship of Erickson, Texas Court of Appeals, 6th District (Texarkana)2006
- In Re Guardianship of Cantu De Villarreal, Texas Court of Appeals, 13th District2010
- In Re Suarez, Texas Court of Appeals, 5th District (Dallas)2008
- Guardianship of the Person & Estate of Jordan, Texas Court of Appeals, 9th District (Beaumont)2011
- Tuma v. Kerr County, Texas Court of Appeals, 4th District (San Antonio)2010
30 more not listed; retrieve them via the Exa API.