Legal Opinion

In Re Mitchell

Texas Court of Appeals, 8th District (El Paso)

Decided May 11, 2011No. 08-10-00355-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

GUADALUPE RIVERA, Justice.

This original proceeding arises from a contested guardianship proceeding. The probate court ordered the parties to de posit funds into the court registry to cover the fees of the attorney ad litem and guardian ad litem. Relators seek a writ of mandamus directing the court to vacate this order. We will conditionally grant the writ.

BACKGROUND

It is undisputed that Kathryn Jo Norris, who has Downs syndrome, is an “incapacitated person” within the meaning of section 601(14)(B) of the Texas Probate Code. Until Kathryn’s mother died in 2008, she served as the…

2Cases cited12 opinions

  1. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  2. De Ayala v. MacKieTexas Supreme Court · 2006
  3. Mid-Century Insurance Co. of Texas v. AdemajTexas Supreme Court · 2007
  4. North Cypress Medical Center Operating Co. v. St. Laurent, Texas Court of Appeals, 14th District (Houston)2009
  5. Johnson v. Smith, Texas Court of Appeals, 1st District (Houston)1993

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3Cited by7 opinions

  1. Guardianship of the Person & Estate of Jordan, Texas Court of Appeals, 9th District (Beaumont)2011
  2. In Re Guardianship of Eveyln Ramirez, an Incapacitated Person v. the State of Texas, Texas Court of Appeals, 8th District (El Paso)2026
  3. Jackie M. Meritt, Individually and as Independent of the Estate Of Bobby Joe Meritt v. Meritt Buffalo Events, LLC Xernie Meritt Texas Farm Credit Services, FLCA Sanger Bank And Brittany Weaver, Texas Court of Appeals, 2nd District (Fort Worth)2022
  4. in Re Michael Shane Lavender and Sherri Lynn Lemaster, Texas Court of Appeals, 2nd District (Fort Worth)2022
  5. in Re: Gregory Strban, Texas Court of Appeals, 12th District (Tyler)2021

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