in Re: The Guardianship of the Person of S.H.O., an Incapacitated Person

DISMISS and Opinion Filed October 27, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00396-CV
IN RE THE GUARDIANSHIP OF THE PERSON OF S.H.O.,
AN INCAPACITATED PERSON
On Appeal from the Probate Court No. 2
Dallas County, Texas
Trial Court Cause No. PR-17-04214-2
MEMORANDUM OPINION
Before Justices Whitehill, Molberg, and Nowell
Opinion by Justice Whitehill
In an order dated August 26, 2019, the trial court appointed appellants Daniel
and Linda Ortman co-guardians of the person of S.H.O., their incapacitated adult
daughter. In that order, the trial court set the Ortmans’ bond at $10,000. Although
they could have, the Ortmans did not appeal this order. Subsequently, the Ortmans
asked the trial court to reduce their bond to $100. They appeal from the trial court’s
March 3, 2020 order denying their motion. Because it appeared the Ortmans should
have appealed from the August 26th order to assert an issue related to the bond, we
questioned our jurisdiction over the appeal. At our request, the Ortmans filed a letter
brief addressing the jurisdiction issue.
In their letter brief, the Ortmans rely on section 1105.255 of the estates code
to support their assertion that we may review the trial court’s March 3rd order on
appeal. See TEX. EST. CODE ANN. § 1105.255(a). This section allows a guardian to
file an application to reduce the bond at any time. This statute, however, does not
provide for an appeal of an order on such an application. The Ortmans do not cite
to, and we have not found, any authority that allows an appeal from an order on a
guardian’s application to have a bond reduced.
For these reasons, we conclude we lack jurisdiction and dismiss this appeal.
See TEX. R. APP. P. 42.3(a).
/Bill Whitehill/
BILL WHITEHILL
JUSTICE
200396F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN RE THE GUARDIANSHIP OF On Appeal from the Probate Court
THE PERSON OF S.H.O., AN No. 2, Dallas County, Texas
INCAPACITATED PERSON Trial Court Cause No. PR-17-04214-
2.
No. 05-20-00396-CV Opinion delivered by Justice
Whitehill. Justices Molberg and
Nowell participating.
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered October 27, 2020
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