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In re Guardianship of Del Campo

It is reversible error to permit a jury to decide a case based on an instruction that is neither supported by the evidence, intended by the trial court, nor properly defined. Here, the charge error probably caused the rendition of an improper verdict. El Paso Court of Appeals, No. 08-07-00121-CV, 11-12-2009

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OPINION

Robert G. Neil, Jr. and Angelina Lugo challenge the probate court’s entry of a final accounting in the underlying guardianship proceeding. Because the record does not demonstrate strict compliance with the rules regarding service of process, we will reverse and remand for further proceedings.

This restricted appeal arises from the guardianship established for Ms. Estefania Martin Del Campo. Appellants, Mr. Neil and Ms. Lugo were duly appointed as the guardian of the property and the guardian ad litem respectively. On the Final Account filed by the guardian of the estate, the probate court entered an order approving the final account for the guardianship on February 15, 2008. There is no record of Mr. Neil or Ms. Lugo’s participation in the final account. The notice of restricted appeal was filed on April 14, 2008.

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