in the Matter of the Guardianship of Linda Jane Hart ( 2015 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00260-CV
IN THE MATTER OF THE
GUARDIANSHIP OF LINDA JANE
HART
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FROM PROBATE COURT NO. 1 OF TARRANT COUNTY
TRIAL COURT NO. 2014-GD00268-1
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MEMORANDUM OPINION 1
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Appellant Linda Jane Hart attempts to appeal from the trial court’s June 19,
2014 order appointing a temporary guardian. We dismiss the appeal.
On June 16, 2014, Hart filed a “suggestion” with the trial court, indicating
she believed the trial court should “investigate [her] need for a guardian” because
she was “unable to deal with property issues due to neurological impairment, not
1
See Tex. R. App. P. 47.4.
complete incapacity.” That same day, the trial court entered an order appointing
a guardian ad litem—James Holliday—to investigate whether Hart was
incapacitated and whether a guardianship was necessary. See Tex. Est. Code
Ann. § 1102.001 (West 2014). On June 19, Holliday filed an application
requesting that the trial court appoint Hart a temporary guardian. See id.
§ 1251.003 (West 2014). That same day, the trial court appointed John Benoist
as Hart’s attorney ad litem and Greg Shannon as her temporary guardian. See
id. §§ 1054.001, 1251.004, 1251.010 (West 2014); see also id. § 1251.051 (West
2014) (allowing trial court to appoint temporary guardian “without issuing
additional citation” if application for temporary guardianship is contested and
court finds guardianship is necessary). On August 15, Hart filed a pro se notice
of appeal arguing that the trial court’s appointment of Shannon contained “some
anomalies.” 2
Although the general rule is that appeals may be taken only from final
judgments, probate proceedings are an exception to this rule. De Ayala v.
Mackie, 193 S.W.3d 575, 578 (Tex. 2006) (op. on reh’g). The Texas Estates
Code specifically allows a party to “appeal from an order or judgment appointing
a guardian.” Tex. Est. Code Ann. § 1152.001 (West 2014). The definition of
“guardian” includes a temporary guardian appointed for either the estate of an
2
Hart also filed a separate notice of appeal attacking the trial court’s denial
of her motion to recuse, which we dismissed for want of jurisdiction. In re
Guardianship of Hart, No. 02-14-00318-CV, 2015 WL 1407381, at *1 (Tex.
App.—Fort Worth Mar. 26, 2015, no pet. h.).
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incapacitated person or for the incapacitated person. Id. § 1002.012 (West
2014). Therefore, the June 16 order appointing Shannon as the temporary
guardian ad litem was an appealable, interlocutory order. See In re
Cunningham, 454 S.W.3d 139, 144 (Tex. App.—Texarkana 2014, orig.
proceeding). Although the order was immediately appealable, any appeal was
accelerated; thus, Hart was required to file her notice of appeal within twenty
days after the order was signed on June 19, 2014. See Tex. R. App. P. 26.1(b),
28.1(a). Because Hart filed her notice of appeal on August 15, 2014—more than
twenty days after the trial court signed the order appointing Shannon—we have
no jurisdiction over her attempted appeal. See Guardianship of Hester, No. 14-
15-00001-CV, 2015 WL 732658, at *1–2 (Tex. App.—Houston [14th Dist.]
Feb. 19, 2015, no pet. h.) (mem. op.).
We dismiss this appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f).
PER CURIAM
PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and SUDDERTH, J.
DELIVERED: May 7, 2015
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