Ford+Bergner Wins Appeal Against Judge

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Ford+Bergner currently represents a client in the small east-Texas town of Athens, where a brutal battle has been raging over the guardianship of an 84-year old gentleman with Alzheimer’s. The County Court, in an unprecedented move, granted guardianship of this gentleman without a proper hearing on the Application for Guardianship and without proper notice to the parties who are entitled to receive notice under the law. Such actions constitute a void exercise of the Court’s authority, which means that the Court’s action was improper and did not have validity. When we raised this issue to the Judge and asked him to correct his mistake, the Judge blatantly refused.

Ford+Bergner attorneys filed a Writ of Mandamus in the Court of Appeals in Tyler on behalf of their client in this matter. The Mandamus action is an aggressive suit against the County Judge to have the Court of Appeals order that he set aside his prior Order because it was made improperly.

In its opinion, the Court of Appeals decided resoundingly that the actions taken by the County Judge were improper and void. The Court Ordered that the Judge set aside his prior Order, which served as a dramatic victory for our client. As a result of the Court of Appeals ruling, the case has now been sent back to the County Court to be re-done in a proper manner under the law.

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