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Texas 10th Court of Appeals

Texas 10th Court of Appeals, Civil Procedure, Criminal Law, Malicious Prosecution, Personal Injury & Tort

Redwine v. Thomas — Eyewitness Account Conclusively Establishes Probable Cause, Defeating Malicious Prosecution Claim at Summary Judgment

The Texas Court of Appeals, Tenth District, affirmed summary judgment for the defendant in a malicious prosecution suit, holding that an eyewitness account received before the police report was filed conclusively established probable cause and negated malice, and that the plaintiff’s evidence of a contentious family relationship failed to raise a fact issue because it did not address the objective reasonableness of the defendant’s belief at the time of the report.

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.

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