Opinion
04-22-00155-CV
05-04-2022
IN THE GUARDIANSHIP OF Martin ROBERTSON, an Incapacitated Person
From the County Court at Law, Kerr County, Texas Trial Court No. G18-22 Honorable Robert Lee Kelly, Judge Presiding
Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice
MEMORANDUM OPINION
PER CURIAM.
On March 18, 2022, the clerk's record was filed in this appeal. The notice of appeal was filed by Anna M. Torres, the attorney for the former Guardian of the Person and Estate of Martin Robertson. Ms. Torres complains of that portion of a February 22, 2022, order denying the guardian's sixth application for attorney's fees.
The clerk's record contains a "Sixth Application to Pay Attorney's Fees" filed by Tracey Mather in her capacity as guardian of the Estate of Martin Robertson. In the application, Ms. Mather states she retained Ms. Torres, "necessary legal services have been performed and necessary expenses have been advanced on behalf of the Ward and his Estate," and "[b]y reason of the performance of these legal services, the Ward's Estate has become indebted to pay such fees and expenses." Ms. Mather asked the court to enter an order authorizing her to pay such fees and expenses. See Tex. Estates Code § 1155.101 ("A guardian is entitled to reimbursement from the guardianship estate for all necessary and reasonable expenses incurred in performing any duty as a guardian, including reimbursement for the payment of reasonable attorney's fees necessarily incurred by the guardian in connection with the management of the estate or any other matter in the guardianship."). Thus, when the trial court denied the application, it denied the guardian's application, not Ms. Torres's application. Although Ms. Mather, as the guardian, filed the application for payment of attorney's fees and expenses, she did not file the notice of appeal. Ms. Torres filed the notice of appeal.
Because it appeared Ms. Torres may lack standing to appeal the order denying the guardian's application, this court ordered Ms. Torres to show cause no later than April 7, 2022 why this appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Ms. Torres did not respond to our order. Therefore, we dismiss this appeal for lack of jurisdiction.