A legal battle that began more than a decade ago may now be headed to the Supreme Court. Following a lengthy executive session with their attorney Charles Kimbrough, Kaufman County commissioners on Feb. 2 voted to appeal a recent decision by the Court of Appeals Fifth District of Texas concerning a lawsuit filed against the county by Kaufman attorney Jo Ann Combs.
On Dec. 30, 2008, the Fifth District Court of Appeals in Dallas reversed a decision reached June 2007 by visiting judge John Robert Adamson in the 86th District Court that dismissed a civil suit filed by Combs seeking financial reimbursement for services rendered as a court-appointed legal guardian for Wallace A. Darst, brother-in-law to former Kaufman County Judge Maxine Darst. The appellate court remanded the case for trial on its merits.
On June 24, 1994, Joseph Darst, one of Wallace Darst’s sons, filed for guardianship of his father, who was suffering from Alzheimer’s Disease, according to court documents. On July 5, 1994, Darst’s other son and daughter filed to deny the material allegations in the application and to specifically contest their brother’s qualifications as a guardian.
The presiding judge of the county court at the time was Maxine Darst, who recused herself from the case. Attorneys then verbally agreed to let Judge Glen Ashworth, who at the time was serving in the 86th District Court, preside over the case. Ashworth appointed Combs as guardian of Wallace Darst’s estate as well as his ad-litem. Eight years later, Combs billed the county for services in the case.
And that’s where the dispute began.
In 2002, after a contested hearing on Combs’ fee application, Ashworth awarded Combs $143,168.95 for fees and expenses provided and incurred in the performance of her duties as Darst’s guardian.
After failing to receive those fees, in 2006, Combs filed a lawsuit to recover the amount Ashworth ordered in 2002.
In his visiting judge capacity, Adamson, though, dismissed the case in 2007 as the county’s attorneys successfully argued that the 86th District Court never acquired jurisdiction of the case and as a result Ashworth’s judgment concerning the fees was “void and unenforceable.”
Combs then appealed to the Fifth District Court of Appeals.
In rendering its opinion, Justice Martin Richter of the Fifth Circuit Court of Appeals pointed to the fact that no parties involved disputed moving the case to the 86th District Court in 1994.
Richter: “…no one objected to Judge Ashworth’s appointment and, during the eight years the [guardianship] was open, no one objected to his subject matter jurisdiction."
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County plans to appeal decision on civil suit
On Dec. 30, 2008, the Fifth District Court of Appeals in Dallas reversed a decision reached June 2007 by visiting judge John Robert Adamson in the 86th District Court that dismissed a civil suit filed by Combs seeking financial reimbursement for services rendered as a court-appointed legal guardian for Wallace A. Darst, brother-in-law to former Kaufman County Judge Maxine Darst. The appellate court remanded the case for trial on its merits.
On June 24, 1994, Joseph Darst, one of Wallace Darst’s sons, filed for guardianship of his father, who was suffering from Alzheimer’s Disease, according to court documents. On July 5, 1994, Darst’s other son and daughter filed to deny the material allegations in the application and to specifically contest their brother’s qualifications as a guardian.
The presiding judge of the county court at the time was Maxine Darst, who recused herself from the case. Attorneys then verbally agreed to let Judge Glen Ashworth, who at the time was serving in the 86th District Court, preside over the case. Ashworth appointed Combs as guardian of Wallace Darst’s estate as well as his ad-litem. Eight years later, Combs billed the county for services in the case.
And that’s where the dispute began.
In 2002, after a contested hearing on Combs’ fee application, Ashworth awarded Combs $143,168.95 for fees and expenses provided and incurred in the performance of her duties as Darst’s guardian.
After failing to receive those fees, in 2006, Combs filed a lawsuit to recover the amount Ashworth ordered in 2002.
In his visiting judge capacity, Adamson, though, dismissed the case in 2007 as the county’s attorneys successfully argued that the 86th District Court never acquired jurisdiction of the case and as a result Ashworth’s judgment concerning the fees was “void and unenforceable.”
Combs then appealed to the Fifth District Court of Appeals.
In rendering its opinion, Justice Martin Richter of the Fifth Circuit Court of Appeals pointed to the fact that no parties involved disputed moving the case to the 86th District Court in 1994.
Richter: “…no one objected to Judge Ashworth’s appointment and, during the eight years the [guardianship] was open, no one objected to his subject matter jurisdiction."
Full Article and Source:
County plans to appeal decision on civil suit
2 comments:
Our legal battle is going on 6 years and I would love to have a different judge.
Unfortunately, what people don't understand is most of the time, appeals are a waste of money.
First, very few are even accepted (after you've already spent attorney fees in pursuit). Second, the appeallate court always gives preference to the lower court.
So, the cards are stacked.
People tend to think if they have a real strong issue - a clear case of a judge not following the law - they'll win.
Not true either. The appelate court buries "bad" decisions. They follow that up with a denial that the case can be taken to a higher court.
Who benefits from all this?
Well, the lawyers, of course. They can hardly carry their winnings to the bank.
And the courts. Once again, working together, they bury justice.
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