In Re the Guardianship of Parker
329 S.W.3d 97
Tex. App.2010Background
- Linda S. Jones appointed guardian of Loyce Parker in Wilbarger County, Texas.
- Alvin Edward Parker, Jr. sought guardianship in Oklahoma; Parker obtained Oklahoma guardianship order.
- Parker moved to domesticate Oklahoma order in Texas under the UEFJA; Wilbarger County denied full faith and credit.
- Trial court found Oklahoma order would unlawfully interfere with Texas guardianship interests and denied enforcement.
- This is an appeal from the Texas court’s denial of full faith and credit to the Oklahoma order under UEJFA.
- Court affirmed the trial court, maintaining Texas guardian Jones.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforcement under UEFJA and full faith and credit | Parker argues Oklahoma order must be enforced in Texas. | Jones contends enforcement would improperly interfere with Texas guardianship. | Oklahoma order not enforced in Texas; no full faith and credit. |
| Validity of Texas guardianship order | Texas order may be void; trial court lacked jurisdiction. | Texas court had jurisdiction; prior law of the case supports it. | Texas order not void; court had jurisdiction. |
| Effect of Texas receipt statute § 892 | Texas should accept and credit Oklahoma guardianship via UEFJA. | Texas law provides specific acceptance procedures; UEFJA enforcement not appropriate here. | Texas receipt provisions control; Texas did not compel Parker as guardian. |
| Interference with Texas interests | Enforcement would recognize Parker as guardian over Jones. | Enforcement would infringe Texas' sovereign interests and existing guardianship. | Enforcement not required; Texas could retain Jones as guardian. |
Key Cases Cited
- Garza v. Maverick Market, Inc., 768 S.W.2d 273 (Tex. 1989) (voidity standards for jurisdictional defects)
- Cook v. Cameron, 733 S.W.2d 137 (Tex. 1987) (jurisdictional analysis standards)
- Reading & Bates Constr. Co. v. Baker Energy Resources Corp., 976 S.W.2d 702 (Tex.App.-Houston [1st Dist.] 1998) (full faith and credit and sister state judgments)
- Mindis Metals, Inc. v. Oilfield Motor & Control, Inc., 132 S.W.3d 477 (Tex.App.-Houston [14th Dist.] 2004) (burden-shifting in enforcement of foreign judgments)
- In re Guardianship of Replogle, 2005-Ohio-5530, 841 N.E.2d 330 (Ohio App. 2005) (guardianship modification and forum-state recognition)
- Bard v. Charles R. Myers Ins. Agency, Inc., 839 S.W.2d 791 (Tex. 1992) (full faith and credit limits and state interests)
- Baker by Thomas v. General Motors, 522 U.S. 222 (U.S. 1998) (enforcement measures not traveling with judgments)