Lorri Burnett and David Burnett v. Lisa E. Lunceford and Grace Guardians, Individually and as Guardian for Lynne Shirley Paxton, 545 S.W.3d 587

Lynne Paxton is a person of diminished capacity; her father was her guardian since 1997.
In July 2011 Lorri and David Burnett filed to be successor guardians of Paxton; Miriam Lundy (sister) contested, alleging the Burnetts had adverse interests and were unsuitable under Texas Probate Code §§ 642, 681.
At a June 26–27, 2012 hearing the probate court orally granted Lundy’s motion in limine and motion to disqualify the Burnetts, stating on the record the Burnetts were disqualified and directing an order be prepared.
On July 10, 2012 the court signed written orders: (1) barring the Burnetts from initiating or participating in guardianship proceedings involving Paxton, and (2) disqualifying them from serving as her guardians; Grace Guardians/Lisa Lunceford were appointed permanent guardian.
Exactly two years later (July 10, 2014) the Burnetts filed a statutory bill of review; respondents moved for summary judgment arguing the bill was time-barred under Tex. Est. Code § 1056.101(b) because rendition occurred on June 27, 2012.
The probate court granted summary judgment for respondents; the Burnetts appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When does the 2-year limitations period in Tex. Est. Code § 1056.101(b) begin?	Burnetts: Limitations begins on the date the challenged order/judgment is signed.	Respondents: Limitations begins on the date the order/judgment is rendered (announced).	Court: Begins on the date the trial court rendered the order/judgment, not the signing date.
Did the probate court’s oral ruling on June 27, 2012 constitute rendition?	Burnetts: The oral announcement did not amount to rendition; rendition occurred when the written order was signed.	Respondents: The oral grant of the motions at the hearing was a present act rendering judgment.	Court: The court’s present-tense statements that motions “are granted” constituted rendition on June 27, 2012; bill of review was time-barred.

State v. Naylor, 466 S.W.3d 783 (Tex. 2015) (judgment rendition occurs when court officially announces decision in open court or files a written memorandum)
S & A Restaurant Corp. v. Leal, 892 S.W.2d 855 (Tex. 1995) (distinguishes present rendition from intent to render in future)
Oak Creek Homes, Inc. v. Jones, 758 S.W.2d 288 (Tex. App.—Waco 1988) (entry, signing, and rendition are distinct stages of a judgment)
General Electric Capital Auto Financial Leasing Servs., Inc. v. Stanfield, 71 S.W.3d 351 (Tex. App.—Tyler 2001) (describes rendition, reduction to writing, and entry stages)
Ex parte Olivares, 662 S.W.2d 594 (Tex. 1983) (signing a judgment is a ministerial act)
Reese v. Piperi, 534 S.W.2d 329 (Tex. 1976) (statements indicating future action do not constitute present rendition)