Ortiz v. Gutierrez

OPINION

CARR, Justice.

This is an appeal from an order dismissing appellant’s application for appointment of a guardian of the estate of appellant’s mother, Dora Vela Gutierrez, the ward, based upon alleged physical and/or mental infirmity of the ward.

The dispositive issue in this appeal is contained in appellant’s second point of error, which alleges that the trial court erred in dismissing the appellant’s application for guardianship based upon a lack of personal service of citation upon the ward as per section 130 of the Texas Probate Code because personal service of citation was waived by…