G. Xavier Montemayor and Franklin T. Graham, Jr. v. Becky Ortiz, D/B/A Schors

• Court: Court of Appeals of Texas
• Decided: July 20, 2006
• Docket: 13-04-00224-CV
• Status: Published

Opinion

                                 COURT OF APPEALS

                     THIRTEENTH DISTRICT OF TEXAS

                         CORPUS CHRISTI - EDINBURG

                                           NUMBER 13-04-224-CV

G. XAVIER MONTEMAYOR AND

FRANKLIN T. GRAHAM, JR.,                                                       Appellants,

                                                             v.                               

BECKY ORTIZ, D/B/A SCHORS,                                                 Appellee.

                                           NUMBER 13-04-358-CV

FRANKLIN T. GRAHAM, JR.,                                                       Appellants,

JOSE ANTONIO ORTIZ FERNANDEZ,

JOSE ANTONIO ORTIZ CELADA,

AND WIFE, BECKY ORTIZ,                                                Appellees.

    On appeal from the 138th District Court of Cameron County, Texas.

                               CONCURRING OPINION

                       Before Justices Hinojosa, Yañez, and Castillo

                              Concurring Opinion by Justice Yañez

I write separately to note that the names of the Appellees may create some confusion.  In light of the fact that this opinion is a legal document, I believe it is important to refer to the parties by their proper names.  Appellee, Jose Antonio Ortiz Fernandez is referred to as AFernandez@; his paternal last name is actually Ortiz.  In Mexico, persons routinely use their maternal last name following the paternal last name.  In the U.S., it is customary to use a paternal last name as a person=s last name.  In Mexico, Appellee Jose Antonio Ortiz Fernandez would be referred to as ASr. Ortiz Fernandez@.  In the U.S., he would be referred to as AMr. Ortiz, Sr.@  The same applies to Appellee Jose Antonio Ortiz Celada: he is properly referred to as AMr. Ortiz, Jr.@ as he is Mr. Ortiz, Sr.=s son.  Similarly, Appellee Becky Ortiz is AMrs. Ortiz@ as she is Mr. Ortiz Jr.=s spouse.  Consequently, we should refer to the Appellees as either AOrtiz-Fernandez@ or AOrtiz, Sr.@; AOrtiz-Celada@ or AOrtiz, Jr.@, but not as AFernandez@ and ACelada@.  Since the beginning of immigration to this country, the U.S. authorities would arbitrarily Achange@ the last names of immigrants because the maternal last name was the last name in the series of names from their native country.  Consequently, immediate family members ended up with legal names that were inaccurate.  I concur with the result and analysis in this case but I object to the use of the maternal last names of appellees as they are incorrectly used as if they are their paternal last names.

LINDA REYNA YAÑEZ,

Justice

Concurring opinion delivered and filed

this the 20th day of July, 2006.