Second Court of Appeals

Week of September 27, 2021 

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of September 27, 2021.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.


In re Guardianship of Titus, No. 02-20-00245-CV (Sept. 30, 2021) (Sudderth, C.J., joined by Wallach and Walker, JJ.).

Held:  Appellee was not an “interested person” as that term is defined in Section 1002.018 of the Texas Estates Code, and Appellee thus lacked standing to file its petition for bill of review.  Because Appellee filed the petition after the ward died, there was no “estate being administered” as required to qualify under Section 1002.018(1), and Appellee did not have an “interes[t] in the welfare of an incapacitated person” as required to qualify under 1002.018(2).  Since Appellee lacked standing as an “interested person,” the trial court lacked jurisdiction to grant Appellee’s bill of review and modify its prior order. 


Graves v. DJO, LLC, No. 02-21-00096-CV (Sept. 30, 2021) (Birdwell, J., joined by Bassel and Wallach, JJ.).

Held: A party did not waive her special appearance by filing a motion for sanctions that was entirely consistent with the special appearance.  Furthermore, the party did not have minimum contacts with Texas that would otherwise justify the denial of her special appearance.