Thomas Lee Farr, Sr., Farr Investments, L.P., and Farr Ranches, L.L.C. v. Jennifer Jo Barnes and Glenn McDonald

Summary

The Fourth Court of Appeals of Texas reversed the dismissal of Thomas Lee Farr, Sr.’s declaratory judgment action challenging temporary guardianship orders as void for lack of personal service before the appointment of a temporary guardian. The court held that Farr’s allegations stated a legally cognizable claim under Texas Rule of Civil Procedure 91a and that a declaratory judgment action could constitute a permissible collateral attack on an allegedly void order; the associated attorney’s-fee awards were also reversed.

Holdings

1. Farr's allegation that the temporary guardianship appointment order was entered before he was personally served with the statutorily required notice stated a basis in law for his declaratory judgment action and could not be dismissed under Rule 91a.
2. A void guardianship order cannot be given legal effect through later ratification, confirmation, or waiver.
3. A declaratory judgment action seeking a declaration that an order is void is a permissible collateral attack, not an impermissible direct attack.
4. A jurisdictional recital does not foreclose collateral attack when the record affirmatively demonstrates a complete failure of service that violates due process.
5. The Rule 91a attorney's fee awards must also be reversed because Barnes and McDonald were no longer prevailing parties after reversal of the dismissal.

Questions Presented

1. Whether Farr's allegations that he was not served with notice before entry of the temporary guardianship appointment order stated a legally cognizable declaratory judgment claim under Rule 91a.
2. Whether alleged ratification, confirmation, waiver, judicial estoppel, or other matters outside the pleading could support Rule 91a dismissal.
3. Whether a declaratory judgment action seeking a declaration that a judgment is void constitutes a permissible collateral attack rather than an impermissible direct attack.
4. Whether the trial court's award of attorney's fees under Rule 91a could stand after reversal of the dismissal.

Disposition

reversed_and_remanded