in the Guardianship of James Alton Titus, an Incapacitated Person ( 2021 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-20-00245-CV
IN THE GUARDIANSHIP OF JAMES § On Appeal from Probate Court No. 1
ALTON TITUS, AN INCAPACITATED
PERSON § of Tarrant County (2018-GD00180-1)
§ September 30, 2021
§ Opinion by Chief Justice Sudderth
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in the trial court’s judgment. It is ordered that the judgment of the trial
court is reversed and we render a judgment that the order granting the bill of review
and the corrected order are void due to lack of jurisdiction, that these orders are
vacated, and that the bill of review proceeding is dismissed.
It is further ordered that appellee Simmons Bank shall pay all of the costs of
this appeal, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By __/s/ Bonnie Sudderth________________
Chief Justice Bonnie Sudderth
OPINION INFORMATION TO PUBLISHERS
From the Court of Appeals
Second Appellate District of Texas
at Fort Worth
CASE DOCKET NUMBER: 02-20-00245-CV
NAME OF CASE: IN THE GUARDIANSHIP OF
JAMES ALTON TITUS, AN
INCAPACITATED PERSON
DATE OPINION FILED: SEPTEMBER 30, 2021
DATE REHEARING FILED:
TRIAL COURT: PROBATE COURT NO. 1
TRIAL COURT JUDGE: HON. CHRIS PONDER
COUNTY: TARRANT
ATTORNEY FOR APPELLANT: THOMAS F. HARKINS, JR.
WHITAKER, CHALK, SWINDLE &
SCHWARTZ PLLC
FORT WORTH, TX
ATTORNEY FOR APPELLEE: DAVID BAKUTIS
R. DYANN MCCULLY
BETH HAMPTON
FORT WORTH, TX