In the Matter of the Guardianship of Thrash

In a guardianship proceeding, the trial court found Charles Thrash lacked capacity to care for himself, contract, or marry, and it appointed separate guardians of his estate and person.

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OPINION From the Probate Court No. 1, Bexar County, Texas Trial Court No. 2017-PC-2912 Honorable Oscar J. Kazen, Judge Presiding Opinion by: Patricia O. Alvarez, Justice Sitting: Sandee Bryan Marion, Chief Justice Patricia O. Alvarez, Justice Beth Watkins, Justice Delivered and Filed: July 15, 2020 DISMISSED FOR WANT OF JURISDICTION In a guardianship proceeding, the trial court found Charles Inness Thrash lacked the capacity to care for himself, contract, or marry, and it appointed separate guardians of his estate and person. While Thrash was incapacitated, he married Laura Martinez, but the trial court annulled the marriage. Subsequently, Laura Martinez, her daughter Brittany, and attorney Philip M. Ross filed pleadings seeking relief for themselves and Thrash. The trial court struck their pleadings, and Laura, Ross, and Thrash—putatively through a next friend—appeal.[1] Because no statute makes the order immediately appealable and the order striking the pleadings was merely interlocutory, we dismiss this appeal for want of jurisdiction. BACKGROUND Many of the facts underlying this case are set forth in two previous, related opinions in appeals numbered 04-19-00104-CV (capacity, guardianship) and 04-19-00236-CV (annulment). We repeat only a few of those facts here, and we recite additional facts pertinent to this appeal. In the guardianship case in Bexar County, on January 29, 2019, the trial court determined that Thrash was “totally without capacity to care for himself, . . . to contract, and to marry.” It appointed Mary C. Werner as guardian of Thrash’s person and Tonya M. Barina as guardian of Thrash’s estate.[2] Pleadings Filed Over the next two months, Ross filed the following pleadings in the case:

In the Matter of the Guardianship of Thrash

In a guardianship proceeding, the trial court found Charles Thrash lacked capacity to care for himself, contract, or marry, and it appointed separate guardians of his estate and person.

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