law-guardianship | probate proceedings | probate court jurisdiction


09-0442          
IN THE MATTER OF THE GUARDIANSHIP OF LUKE FORREST HUMPHREY, AN INCAPACITATED
PERSON; from Smith County;
12th district (
12-07-00225-CV, ___ SW3d ___, 02-18-09, pet. denied July 2009)
(guardianship, ad litem, assessment of costs, jurisdiction questioned)

09-0210          
KAUFMAN COUNTY, TEXAS, WAYNE GENT, JIM DELLER, GERALD ROWDEN, KENNETH SCHOEN, KEN
LEONARD AND HAL D. JONES v. JO ANN E. COMBS; from Kaufman County; 5th district
(05-07-01152-CV, 274 SW3d 922, 12-30-08,
pet. denied June 2009)(probate court jurisdiction, recusal
of judge, guardianship) (guardianship proceeding, subject matter jurisdiction of probate court, void order
contention overruled) ("Having jurisdiction, Judge Ashworth had the authority to determine the
Guardian's fee recovery and his 2002 order is a valid, enforceable order. Tex. Gov't Code Ann. §
21.001(a) (Vernon 2004). Therefore, trial court erred when it held it lacked jurisdiction regarding the
Guardian's claims in the present case.")

09-0406          
IN THE MATTER OF THE GUARDIANSHIP OF LUKE FORREST HUMPHREY, AN INCAPACITATED
PERSON; from Smith County; 12th district (12-07-00118-CV, ___ SW3d ___, 02-18-09, pet. denied June
2009) (
interlocutory appeal, guardianship)
2 petitions  
This is an interlocutory appeal from orders entered in the guardianship of Luke Forrest Humphrey, an
incapacitated person. His mother, Susan McLendon, raises one issue regarding the attorney ad litem's
motion in limine, while his aunts, JoAnn Bowshot and Patricia Pondoff, raise complaints concerning
jurisdiction, the temporary guardianship, the attorney ad litem's fees, and various trial court rulings. We
reverse in part, affirm in part, and dismiss in part. We affirm the trial court's March 12, 2007 order
granting the motion in limine.
We reverse the April 20, 2007 orders denying Bowshot's affidavit of inability to pay and Pondoff's
affidavit of indigence.
For want of jurisdiction, we dismiss the issues complaining of the April 18, 2005 order appointing the
attorney ad litem, the April 26, 2005 order appointing the temporary guardian, the May 4, 2005 order
confirming the appointment of the temporary guardian, the March 13, 2007 order dismissing the
amended application for removal of the temporary guardian, and the April 23, 2007 order denying the
motion to disqualify the trial judge. We dismiss Bowshot and Pondoff's issue complaining of the motion in
limine.
All pending motions in this cause, 12-07-00118-CV, are overruled as moot.