471 S.W.3d 899
Tex. App.2015Background
- Kathryn filed for permanent guardianship of her autistic son M.G. two days before he turned 18 under Tex. Est. Code ch. 1103 (procedure for appointing guardian for a minor who will require guardianship as an adult).
- Kathryn was M.G.’s conservator and submitted psychologist/psychiatrist letters supporting partial guardianship.
- Neither M.G. nor his father, Donald Gauci, were personally served with citation of the guardianship application; the trial court made the appointment without holding a hearing.
- Donald later filed a bill of review, a motion to set aside the guardianship, and for new trial claiming lack of personal service and lack of jurisdiction; the trial court denied relief but ordered another hearing and service; record unclear whether it occurred.
- Donald appealed; the appellate court considered whether lack of personal service deprived the trial court of personal jurisdiction and whether ch. 1103 displaced ordinary notice/service requirements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to personally serve the proposed ward (M.G.) renders the guardianship void for lack of personal jurisdiction | Donald: lack of personal service deprived court of jurisdiction; order void | Kathryn: ch. 1103.002 ("Notwithstanding any other law") permits appointment without hearing/service when conservator seeks guardianship | Court: Personal service required; absence of personal service deprived court of jurisdiction; guardianship order void |
| Whether ch. 1103.002 eliminates general notice/citation requirements in ch. 1051 | Donald: ch. 1103 cannot override chapter-wide due process notice protections | Kathryn: "Notwithstanding any other law" in ch. 1103.002 authorizes appointment without applying other statutory procedures | Court: "Notwithstanding" meant to override other guardianship appointment procedures, not constitutional notice or personal-jurisdiction requirements; ch. 1103 does not excuse personal service |
Key Cases Cited
- PNS Stores, Inc. v. Rivera, 379 S.W.3d 267 (Tex. 2012) (defects in service that deny due process render judgment void)
- In re Guardianship of Erickson, 208 S.W.3d 737 (Tex. App.—Texarkana 2006) (failure to personally serve proposed ward deprives court of jurisdiction)
- Whatley v. Walker, 302 S.W.3d 314 (Tex. App.—Houston [14th Dist.] 2009) (court must obtain jurisdiction over parties before entering judgment)
- Peralta v. Heights Med. Ctr., Inc., 485 U.S. 80 (U.S. 1988) (due process requires notice at a meaningful time and in a meaningful manner)
- Barshop v. Medina Cnty. Underground Water Conservation Dist., 925 S.W.2d 618 (Tex. 1996) (presumption to interpret statutes to avoid constitutional infirmities)