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SALDARRIAGA v. SALDARRIAGA

No. 03-03-00172-CV.

121 S.W.3d 493 (2003)

Debra Ann SALDARRIAGA, Appellant, v. Alejandro SALDARRIAGA, Appellee.

Court of Appeals of Texas, Austin.

November 13, 2003.

Attorney(s) appearing for the Case

Rick J. Kennon, Slater & Kennon, LLP, Austin, for appellant.

Lawrence P. Schaubhut Jr., Law Office of Larry P. Schaubhut, Jr., Austin, for appellee.

Before Chief Justice LAW, Justices B.A. SMITH and PATTERSON.

OPINION

BEA ANN SMITH, Justice.

This case asks whether the probate code's procedural requirements for the appointment of a guardian can be circumvented by labeling a guardian a "next friend." We hold that they cannot. In this divorce case, the district court appointed a "next friend" for wife, Debra Saldarriaga, on the motion of Debra's attorney because of the attorney's belief that Debra was not competent to make her own decisions with respect to...

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