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Texas 10th Court of Appeals, Civil Procedure, Guardianship, Jurisdiction, Probate

Guardianship of Stewart — Personal Service on Proposed Ward Is Mandatory; Failure to Serve Father’s Application Voids Guardian Appointment

The Texas Court of Appeals, Tenth District, vacated a permanent guardianship order because the proposed ward was never personally served with the petitioning party’s guardianship application, holding that a complete absence of service—as opposed to a technical defect—deprives the court of personal jurisdiction and renders any order void, even if the proposed ward was served with a competing application and represented by an attorney ad litem.

Texas 8th Court of Appeals, Civil Procedure, Jurisdiction, Tax

Gonzalez v. City of El Paso — Texas Residents Cannot Use Special Appearance to Contest Defective Service; Misspelled Name Is a Curable Process Defect

The Eighth Court of Appeals held that Texas residents cannot file a special appearance under Rule 120a to contest defective service of process, because Texas courts have presumptive personal jurisdiction over all Texas residents. A misspelled name in a citation is a curable service defect, not a jurisdictional flaw, properly raised by a motion to quash — not a special appearance that risks constituting a general appearance.

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