in the Matter of C. P.
Opinion
ACCEPTED 03-15-00276-CV 8121343 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/7/2015 3:29:57 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00276-CV
_________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN IN THE COURT OF OF APPEALS 12/8/2015 4:37:57 PM FOR THE THIRD THIRD DISTRICT DISTRICT OF OF TEXAS TEXAS JEFFREY D. KYLE AUSTIN AUSTIN DIVISION DIVISION Clerk _________________________________________________
IN IN THE MATTER MATTER OF OF C.P. C.P. §§
_______________________________________________
APPELLANT’S APPELLANT'S AMENDED AMENDED BRIEF _______________________________________________
Justin Justin Bradford Smith Texas Texas Bar No. 24072348 24072348 Harrell, Stoebner, & & Russell, Russell, P.C. P.C. 2106 Bird Bird Creek Creek Drive Temple, Texas Texas 76502 76502 Phone: (254) 771-1855 771-1855 FAX: FAX: (254) 771-2082 771-2082 Email: justin@templelawoffice.com justin@templelawoffice.com
ATTORNEY ATTORNEY FOR APPELLANT APPELLANT
ORAL ORAL ARGUMENT NOT REQUESTED ARGUMENT NOT
1 1 IDENTITYOF PARTIES IDENTITY PARTIES AND AND COUNSEL COUNSEL
Appellant C.P. C.P.
Appellant’s Appellant's Counsel Counsel Justin Justin Bradford Smith Harrell, Stoebner, & & Russell, Russell, P.C. P.C. 2106 Bird Bird Creek Creek Drive Temple, Texas Texas 76502 76502 Phone: 254-771-1855 254-771-1855 FAX: FAX: 254-771-2082 254-771-2082 Email: justin@templelawoffice.com justin@templelawoffice.com
Appellant’s Appellant's Trial Counsel Blas J. J. Coy, Coy, Jr. Jr. 807 807 Pecan Pecan Street Street Bastrop, Bastrop, Texas Texas 78602 78602 Phone: 512-303-6963 512-303-6963 FAX: FAX: (512) 303-6766 303-6766 E-MAIL: E-MAIL: bjcoy@coylaw.net
Appellee The State State of Texas Texas
Appellee’s Appellee's Trial Counsel Counsel Bastrop County District District Attorney Kirsten Ruehman Ruehman 804 804 Pecan Pecan Street Street Bastrop, Bastrop, TX TX 78602 78602 Phone: 512-581-7125 512-581-7125 Fax: 512-581-7133 512-581-7133 Email: kirsten.ruehman@co.bastrop.tx.us kirsten.ruehman@co.bastrop.tx.us
Appellee’s Appellee's Appellate Appellate Counsel Greg Gilleland and Kirsten Ruehman Ruehman Bastrop County Assistant Assistant District District Attorney Address, Address, Phone, and and Fax Same Same As Above Email: greg.gilleland@co.bastrop.tx.us greg.gilleland@co.bastrop.tx.us Email: kirsten.ruehman@co.bastrop.tx.us kirsten.ruehman@co.bastrop.tx.us
22 TABLE TABLE OF CONTENTS CONTENTS
Identity Parties and Identity of Parties and Counsel…………………………..………………………... Counsel..............................................................22
Table of of Contents……………………………………….………………………..3-4 Contents...........................................................................3-4
Index of of Authorities…………………………………….………………………..5-6 Authorities........................................................................5-6
Statement of the Statementof Case.........................................................................7 the Case……………………………………….……………………...7
Statement Regarding Oral StatementRegarding Oral Argument………………………………………………7 Argument......................................................7 Presented...................................................................................7 Issue Presented.….……………..………....…………………….……………….....7
ISSUE ONE: The juvenile juvenile court court lacked lacked personal jurisdiction over personaljurisdiction Appellant because because the the record does does not affirmatively affirmatively show that at at least least one one of his parents, his his parents, his guardian, guardian, or or his his custodian custodianwas servedwith summons was served summonswith the the original petition attached, nor does does the the record record show show pursuant to waiver pursuant to Texas Texas Family Code Code Section Section 53.06(e)…...7 53.06(e)......7
Statement Facts.........................................................................8-12 of Facts…………………………………..…………………………..8-12 Statementof
Summary Summary of the Argument..............................................................12-14 the Argument……………………………..……………………...12-14
ISSUE ONE: The juvenile juvenile court court lacked personal jurisdiction over lacked personaljurisdiction Appellant because because the the record does does not affirmatively affirmatively show that at at least least one one of his parents, his his parents, his guardian, guardian, or or his his custodian custodianwas servedwith summons was served summonswith the the original petition attached, nor does does the the record record show show pursuant to waiver pursuant to Texas Texas Family Code Code Section Section 53.06(e)….12 53.06(e)....12
Argument…………………………………………………………………........15-27 Argument...................................................................................15-27
Law............................................................................................15-16 Law………………………………………………………………….................15-16
Application………………………………………………..…………………...16-26 Application................................................................................16-26
33 1. Neither Appellant’s 1. Neither Appellant's father father nor nor Kathy Kathy Brown were served Brown were served with the the summons summonsand and the the original petition, nor did did they waive service......................................................................16-17 service…………………………………………………………….16-17
2. 2. The record does does not affirmatively affirmatively show that Camilla Brown Lawrence Lawrence is is Appellant’s Appellant's mother, mother, guardian, guardian, or or custodian…............17-22 custodian...............17-22
3. 3. The record does does not contain a a statutory statutory waiver of service service byby anyone who could anyone who be Appellant’s could be Appellant's mother, mother, guardian, guardian, or or custodian………………………………………………………….22-26 custodian...................................................................22-26
Conclusion……………………………………………………………………..26-27 Conclusion................................................................................26-27
Prayer…………………..…………………………………………………….........27 Prayer............................................................................................27
Certificate Certificate of of Compliance………………………………………………………....27 Compliance...................................................................27
Certificate Certificate of of Service……………………………………………………………...28 Service........................................................................28 Appendix………………………………………………………………………….29 Appendix.....................................................................................29
44 AUTHORITIES INDEX OF AUTHORITIES
Court: Texas Supreme Court:
Laidlaw Waste Laidlaw Waste Sys. Sys. (Dallas), Inc. Inc. v. v. City of Wilmer, Wilmer, 904904 S.W.2d S.W.2d 656656 1995)..................................................................19,22, (Tex. 1995)……………………………………………...…………19, 22, n.9 n.9
Court of Criminal Appeals: Appeals:
Johnson v. Johnson v. State, State, 72 72 S.W.3d S.W.3d 346 2002)................................................19-20, 24-25 (Tex. Crim. App. 2002)…………………………………………19-20,
Texas Courts Courts of Appeals: Appeals:
Barker CATV Const., Inc. Inc. v. v. Ampro, Inc., 989 989 S.W.2d S.W.2d 789 789 App.-Houston [1st (Tex. App.—Houston [lst Dist.] Dist.] 1999, no pet.).............................18-19 1999, no pet.)……….……………….18-19
Carlson v. v. State, State, 151 151 S.W.3d S.W.3d 643 643 App.-Eastland 2004, (Tex.
Free access — add to your briefcase to read the full text and ask questions with AI
ACCEPTED 03-15-00276-CV 8121343 THIRD COURT OF APPEALS AUSTIN, TEXAS 12/7/2015 3:29:57 PM JEFFREY D. KYLE CLERK CAUSE NO. 03-15-00276-CV
_________________________________________________ FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS IN IN THE COURT OF OF APPEALS 12/8/2015 4:37:57 PM FOR THE THIRD THIRD DISTRICT DISTRICT OF OF TEXAS TEXAS JEFFREY D. KYLE AUSTIN AUSTIN DIVISION DIVISION Clerk _________________________________________________
IN IN THE MATTER MATTER OF OF C.P. C.P. §§
_______________________________________________
APPELLANT’S APPELLANT'S AMENDED AMENDED BRIEF _______________________________________________
Justin Justin Bradford Smith Texas Texas Bar No. 24072348 24072348 Harrell, Stoebner, & & Russell, Russell, P.C. P.C. 2106 Bird Bird Creek Creek Drive Temple, Texas Texas 76502 76502 Phone: (254) 771-1855 771-1855 FAX: FAX: (254) 771-2082 771-2082 Email: justin@templelawoffice.com justin@templelawoffice.com
ATTORNEY ATTORNEY FOR APPELLANT APPELLANT
ORAL ORAL ARGUMENT NOT REQUESTED ARGUMENT NOT
1 1 IDENTITYOF PARTIES IDENTITY PARTIES AND AND COUNSEL COUNSEL
Appellant C.P. C.P.
Appellant’s Appellant's Counsel Counsel Justin Justin Bradford Smith Harrell, Stoebner, & & Russell, Russell, P.C. P.C. 2106 Bird Bird Creek Creek Drive Temple, Texas Texas 76502 76502 Phone: 254-771-1855 254-771-1855 FAX: FAX: 254-771-2082 254-771-2082 Email: justin@templelawoffice.com justin@templelawoffice.com
Appellant’s Appellant's Trial Counsel Blas J. J. Coy, Coy, Jr. Jr. 807 807 Pecan Pecan Street Street Bastrop, Bastrop, Texas Texas 78602 78602 Phone: 512-303-6963 512-303-6963 FAX: FAX: (512) 303-6766 303-6766 E-MAIL: E-MAIL: bjcoy@coylaw.net
Appellee The State State of Texas Texas
Appellee’s Appellee's Trial Counsel Counsel Bastrop County District District Attorney Kirsten Ruehman Ruehman 804 804 Pecan Pecan Street Street Bastrop, Bastrop, TX TX 78602 78602 Phone: 512-581-7125 512-581-7125 Fax: 512-581-7133 512-581-7133 Email: kirsten.ruehman@co.bastrop.tx.us kirsten.ruehman@co.bastrop.tx.us
Appellee’s Appellee's Appellate Appellate Counsel Greg Gilleland and Kirsten Ruehman Ruehman Bastrop County Assistant Assistant District District Attorney Address, Address, Phone, and and Fax Same Same As Above Email: greg.gilleland@co.bastrop.tx.us greg.gilleland@co.bastrop.tx.us Email: kirsten.ruehman@co.bastrop.tx.us kirsten.ruehman@co.bastrop.tx.us
22 TABLE TABLE OF CONTENTS CONTENTS
Identity Parties and Identity of Parties and Counsel…………………………..………………………... Counsel..............................................................22
Table of of Contents……………………………………….………………………..3-4 Contents...........................................................................3-4
Index of of Authorities…………………………………….………………………..5-6 Authorities........................................................................5-6
Statement of the Statementof Case.........................................................................7 the Case……………………………………….……………………...7
Statement Regarding Oral StatementRegarding Oral Argument………………………………………………7 Argument......................................................7 Presented...................................................................................7 Issue Presented.….……………..………....…………………….……………….....7
ISSUE ONE: The juvenile juvenile court court lacked lacked personal jurisdiction over personaljurisdiction Appellant because because the the record does does not affirmatively affirmatively show that at at least least one one of his parents, his his parents, his guardian, guardian, or or his his custodian custodianwas servedwith summons was served summonswith the the original petition attached, nor does does the the record record show show pursuant to waiver pursuant to Texas Texas Family Code Code Section Section 53.06(e)…...7 53.06(e)......7
Statement Facts.........................................................................8-12 of Facts…………………………………..…………………………..8-12 Statementof
Summary Summary of the Argument..............................................................12-14 the Argument……………………………..……………………...12-14
ISSUE ONE: The juvenile juvenile court court lacked personal jurisdiction over lacked personaljurisdiction Appellant because because the the record does does not affirmatively affirmatively show that at at least least one one of his parents, his his parents, his guardian, guardian, or or his his custodian custodianwas servedwith summons was served summonswith the the original petition attached, nor does does the the record record show show pursuant to waiver pursuant to Texas Texas Family Code Code Section Section 53.06(e)….12 53.06(e)....12
Argument…………………………………………………………………........15-27 Argument...................................................................................15-27
Law............................................................................................15-16 Law………………………………………………………………….................15-16
Application………………………………………………..…………………...16-26 Application................................................................................16-26
33 1. Neither Appellant’s 1. Neither Appellant's father father nor nor Kathy Kathy Brown were served Brown were served with the the summons summonsand and the the original petition, nor did did they waive service......................................................................16-17 service…………………………………………………………….16-17
2. 2. The record does does not affirmatively affirmatively show that Camilla Brown Lawrence Lawrence is is Appellant’s Appellant's mother, mother, guardian, guardian, or or custodian…............17-22 custodian...............17-22
3. 3. The record does does not contain a a statutory statutory waiver of service service byby anyone who could anyone who be Appellant’s could be Appellant's mother, mother, guardian, guardian, or or custodian………………………………………………………….22-26 custodian...................................................................22-26
Conclusion……………………………………………………………………..26-27 Conclusion................................................................................26-27
Prayer…………………..…………………………………………………….........27 Prayer............................................................................................27
Certificate Certificate of of Compliance………………………………………………………....27 Compliance...................................................................27
Certificate Certificate of of Service……………………………………………………………...28 Service........................................................................28 Appendix………………………………………………………………………….29 Appendix.....................................................................................29
44 AUTHORITIES INDEX OF AUTHORITIES
Court: Texas Supreme Court:
Laidlaw Waste Laidlaw Waste Sys. Sys. (Dallas), Inc. Inc. v. v. City of Wilmer, Wilmer, 904904 S.W.2d S.W.2d 656656 1995)..................................................................19,22, (Tex. 1995)……………………………………………...…………19, 22, n.9 n.9
Court of Criminal Appeals: Appeals:
Johnson v. Johnson v. State, State, 72 72 S.W.3d S.W.3d 346 2002)................................................19-20, 24-25 (Tex. Crim. App. 2002)…………………………………………19-20,
Texas Courts Courts of Appeals: Appeals:
Barker CATV Const., Inc. Inc. v. v. Ampro, Inc., 989 989 S.W.2d S.W.2d 789 789 App.-Houston [1st (Tex. App.—Houston [lst Dist.] Dist.] 1999, no pet.).............................18-19 1999, no pet.)……….……………….18-19
Carlson v. v. State, State, 151 151 S.W.3d S.W.3d 643 643 App.-Eastland 2004, (Tex. App.—Eastland 2004, no no pet.)………………………..15-16, pet.).............................15-16, 18-19, 18-19, 22 22
Garcia v. v. Gutierrez, 697 697 S.W.2d S.W.2d 758 758 App.MorpusChristi 1985, (Tex. App.—Corpus no writ)................................19, 1985, no writ)…………………………..19, n. n. 9 9
Graham v. McCord, 384 S.W.2d v. McCord, S.W.2d 897 897 App.-San Antonio (Tex. Civ. App.—San Antonio 1964, no writ)...................................16 1964, no writ)……………………………..16
In the Matter In Matter of Edwards, 644 644 S.W.2d S.W.2d 815 815 App.MorpusChristi (Tex. App.—Corpus Christi 1982, 1982, writ ref’d ref'd n.r.e.)……………………….15 n.r.e.)............................15
In the Matter In Matter of M.D.R., 113 ofM.D.R., 113 S.W.3d S.W.3d 552 552 App.-Texarkana 2003, (Tex. App.—Texarkana 2003, no pet.)………………………………...15, 18 no pet.).......................................15, 18
In the Matter In ofX Matter of X.B., B., 369 369 S.W.3d S.W.3d 350 350 App.-Texarkana 2012, (Tex. App.—Texarkana 2012, no pet.)…………………………16, 18-19, no pet.)..............................16, 18-19, 22 22
In re In re G.A.T., G.A.T., 16 16 S.W.3d S.W.3d 818 818 App.-Houston [14th (Tex. App.—Houston [14th Dist.] Dist.] 2000, pet. denied)………………….15, 2000, pet. denied)......................15, 23 23
McEntire v. McEntire McEntire, 706 S.W.2d v. McEntire, S.W.2d 347 347 App.-San Antonio (Tex. App.—San 1986, writ dism’d)……………………………..25 Antonio 1986, dism'd)...................................25 55 Midstate Envtl. Servs., Servs., LP v. Peterson, 435 v. Peterson, 435 S.W.3d S.W.3d 287 287 App.-Waco 2014, no (Tex. App.—Waco no pet.).........................................18-19, pet.)…………………………………..18-19, 22 22
Medeles v. Medeles Nunez, 923 v. Nunez, 923 S.W.2d S.W.2d 659 659 App.-Houston [1st (Tex. App.—Houston [lst Dist.] Dist.] 1996, 1996, writ denied)……………….18-19, denied)...................18-19, 22 22
Seals Seals v. v. Upper Upper Trinity Reg’l Water Trinity Reg'l Water Dist., 145 145 S.W.3d S.W.3d 291 291 App.-Fort Worth (Tex. App.—Fort Worth 2004, 2004, pet. pet. dism’d)……………………………25-26 dism'd).................................25-26
Smith Smith v. Amarillo Hosp. Dist., 672 v. Amarillo 672 S.W.2d S.W.2d 615 615 App.-Amarillo1984, (Tex. App.—Amarillo no writ).............................................23 1984, no writ)……………………………………...23
State State v. v. C.J.F., C.J.F., 183 183 S.W.3d S.W.3d 841 841 App.-Houston [1st (Tex. App.—Houston [lst Dist.] pet. denied)…………………...15, Dist.] 2005, pet. denied)........................15, 23 23
Wilson Wilson v. v. Newton County, County, 269 269 S.W. S.W. 227 App.-Beaumont 1925, (Tex. Civ. App.—Beaumont 1925, no writ).................................16-17 no writ)……………………………16-17
Constitutions/Statutes/Rules
Tex. Fam. Fam. Code Code § 51.02(3)......................................................19,21, § 51.02(3)………………………………………………19, 21, n. n. 9 9
Tex. Fam. Fam. Code Code § 51.02(4)......................................................19,21, § 51.02(4)………………………………………………19, 21, n. n. 9 9
Tex. Fam. Fam. Code Code § 51.17(a)....................................................17-18, 22, § 51.17(a)…………………………………………….17-18, 22, 25 25
Tex. Fam. Fam. Code Code § 53.06(a)(2).........................................................15, 23 § 53.06(a)(2)………………………………………………...15, 23
Tex. Fam. Fam. Code Code § 53.06(e)........................................7, 12, § 53.06(e)………………………………….7, 12, 14-15, 14-15, 22-24, 26 26
Tex. R. R. Civ. P. 106(b)(1)...................................................................17 P. 106(b)(1)………………………………………………………….17
66 STATEMENTOF THE STATEMENT THE CASE
Nature of the the Case: Case: This is is a juvenile appeal a juvenile appeal from anan order modifying modifying Appellant’s Appellant's disposition. disposition. (VIII (VIII R.R. R.R. at at 44) 44) (I C.R. at 62- 62- 65). 65).
Judge/Court: Judge/Court: Judge Judge Benton Eskew, County Court at at Law, Sitting as as the the Juvenile Court (I C.R. at 62). 62).
Pleas: Pleas: Not true. (VII (VII R.R. at at 8). 8).
Trial Court Disposition: The Trial The trial judge judge revoked revoked Appellant’s probation and Appellant's probation and committed him to to the the Texas Texas Juvenile Justice Department Department for an an indeterminate indeterminate sentence. (VIII (VIII R.R. at 44). 44).
STATEMENT REGARDING STATEMENT REGARDING ORAL ARGUMENT ORAL ARGUMENT
The precedents precedents and the the record are are clear in this case, case, so so Appellant does does not
request request oral argument. argument. However, should should the the Court believe oral argument argument is is
Appellant's counsel necessary, Appellant’s counsel will be be ready to to participate.
ISSUE PRESENTED PRESENTED
ISSUE ONE: The juvenile juvenile court court lacked personal jurisdiction over Appellant lacked personaljurisdiction
because the because the record does does not affirmatively affirmatively show that at least least one of his parents, his his parents, his
guardian, guardian, or or his his custodian served with summons custodian was served summons with the the original petition
attached, nor does attached,nor does the the record show waiver pursuant pursuant to to Texas Texas Family Code Code Section Section
53.06(e). 53.06(e).
77 FACTS' 1 STATEMENT OF FACTS STATEMENT
The State filed an an original petition bringing two counts of delinquent
conduct, conduct, and alleged alleged that James James Pertolanitz and Camilla Brown Lawrence are are
Appellant’s Appellant's parents. parents. (I C.R. at 6-7). 6-7). In the the return attached attached to to the the summons summons (with (with
the the original petition attached) attached) that was was directed directed to Appellant, Camilla Brown 00007-00008).22 Lawrence is is served. served. (Appendix at at Tab 1, 1, 00007—00008). In the the return attached attached
to to the the summons summons (with (with the the original petition attached) attached) that was was directed directed to to Camilla
Brown Lawrence, Appellant is is served served at at the the same same address. address. (Appendix at Tab 1, 1,
00009—000010). 00009-000010). There There are are various other summonses file with the summonses on file the clerk, clerk,
including ones ones to to James James Pertolanitz, but none of these these show service service on James James
Pertolanitz or or Camilla Brown Lawrence. Lawrence. (Appendix at Tab 1, 1, 000001—000026). 000001-000026).
There There is is a a summons summons directed directed to James Pertolanitz with a to James a return stating stating it was was
served on “James served "James Pertolanitz c/o wife”, and c/o wife", and the the summons summons and and the the return have have
notations notations indicating that James’ wife was at James' wife at the the house. (Appendix, Tab 4, 4,
000001—000002). 000001-000002). The notations notations indicate the process server the process spoke with someone server spoke someone
on on the phone, but whether this the phone, this was James James or or his wife is his wife unclear. (Appendix, Tab 4, is unclear. 4,
000001—000002). 000001-000002). However, the the summons summons does does not show personal personal service service on on
1 Appellant Appellant does not challenge does not challenge the the sufficiency sufficiency of of the the evidence evidence to to support support the the trial trial court’s court's decision decision to to modify his disposition, so modify his so only those those facts necessary to facts necessary to resolve the jurisdictional resolve the jurisdictional question question are are presented here. resented here. 2 Appellant has asked Appellant has asked the the clerk to to supplement supplement thethe record with the record with the summonses summonses and and returns, but in returns, but the the interim interim these these are are included in the the Appendix. Appendix.
88 James, James, and and he he did not appear appear in the the case. case. (Appendix, Tab 4, 4, 000001—000002) 000001-000002)
(Volumes 2-8 of of the the Reporter’s Reporter's Record) Record) (I C.R. at 1-99). 1-99).
The trial court’s Nunc Pro court's Nunc Pro Tunc Tunc Order Order Revoking Revoking Probation Probation leading to to the the
appeal “finds instant appeal "finds that Camilla (Blossum) Lawrence [is] [is] the the mother responsible responsible
for for the the support support of of [Appellant].” [Appellant]." (I (I C.R. C.R. at at 64) 64) (Appendix at at Tab 2, 000003- 2, 000003—
000005). 000005). Nowhere does does the the record show show that Camilla Blossum Lawrence was was
served served with summons, summons, nor nor does does the the reporter’s reporter's record record show show that that she she made made a a
voluntary appearance appearance in any hearing, 2-8 of hearing, (Volumes 2-8 of the the Reporter’s Reporter's Record), Record), nor nor
does the clerk’s does the clerk's record record contain contain aa written written stipulation waiving service stipulation waiving service of summons. summons.
(I C.R. at 1-99). Likewise, at 1-99). Likewise, the the court’s court's docket docket sheet sheet does does not not contain contain any any notation notation
that that any any of of Appellant’s Appellant's parents, parents, guardian, guardian, or or custodian custodian were served, waived
service, or or appeared. appeared. (I (I C.R. at at 96-97).
When the the court court originally adjudicated adjudicated Appellant delinquent, the the court court signed signed
an an order reciting that Appellant was present with his was present his attorney and Appellant’s attorney and Appellant's
“mother, "mother, Camilla Brown Lawrence, also present”, and also [was] present", noted “all and noted parties "all parties
announced ready” as announcedready" as that well as as well that “due "due notice notice had been served had been served on all parties parties for the the
time time required by law”. required by law". (I C.R. C.R. at at 11) 11) (underlining in original) original) (Appendix at Tab 2, 2,
000001). “Respondent’s "Respondent's Plea Plea of of True, True, Waiver, Waiver, Stipulation Stipulation & & Judicial Judicial Confession”, Confession",
which Appellant executed executed the the same same day day as as the the adjudication hearing, hearing, contains contains aa
signature signature on on the the “Parent "Parent or or Guardian Guardian of of Child” blank, but Child" blank, but that that signature signature is is not not of of
99 Camilla Brown Lawrence Lawrence or or Camilla Blossum Lawrence. Lawrence. (I C.R. at 10). 10). The
same same holds true of the Conditions of Probation Probation signed signed on June June 14, 14, 2012. (I C.R. at at
17).33 17). The The record record contains contains an an Order Order of of Probation Probation stating stating that that the the “Court "Court finds finds
Camilla Brown Lawrence is is the person responsible the person for supporting responsiblefor supporting [Appellant]” [Appellant]" and and
states states she she is is responsible responsible for for supporting supporting Appellant Appellant “while "while he he resides resides at at [a particular [a particular
address]”, but fails address]", but fails to to find find that this this address, address, at which he he was was served, is is the the address address
at which he he resided resided at at that time. (I C.R. at 14) 14) (underlining in original) original) (Appendix
at Tab 1, 1, 000009—000010). 000009-000010). The Amended Amended Order of Probation Probation signed signed on on October October
9, 9, 2012 also also states states Camilla Brown Lawrence is is the person responsible the person responsible for
supporting supporting Appellant and places places Appellant on on probation in her custody. custody. (I C.R. at at
24-25).
In the the Amended Conditions of Probation Probation signed signed on October October 9, 9, 2012, the the
signature blank for signature blank for the the “Parent/Guardian” "Parent/Guardian" contains contains aa different different signature signature than than the the
previous parent/guardian signatures; this parent/guardiansignatures; this time, time, the the signature signature is by “Blossom is by "Blossom Brown Brown 28).44 Lawrence”. Lawrence". (I (I C.R. C.R. at at 28). The Second Second Amended Amended Conditions of Probation Probation 5 appears to appears be signed to be by “C. signed by "C. Blossom Blossom Brown Brown Lawrence”. Lawrence". (I C.R. at at 31). 31)." Again, in
the the Second Second Amended Amended Order of Probation, Appellant is is committed to to the the custody custody of
“Camilla "Camilla Brown Lawrence”, who is Lawrence", who is found found to be the to be the person person responsible responsible for 3 The paragraph paragraph above the the signature recites that signature recites that the the “Conditions "Conditions of of Probation were read Probation were read and 3 and explained explained toto me me and and mymy child….” child...." (I (I C.R. C.R. at at 17). 17). 4 4 This This signature signature isis also preceded by also preceded by aa recitation recitation that that the the conditions were “read conditions were "read and and explained explained to to me me and and my my child”. child". (I(I C.R. C.R. at at 28); see n. 28); see n. 3, supra. 3, supra. 5 * This This too too contains contains the the same same recitation as as in footnotes footnotes 33 and and 4, supra. 4, supra.
10 10 supporting supporting Appellant. (I C.R. at at 32-33) (underlining in original). original). In the the Third
Amended Order of Probation Probation for Residential Residential Placement, Placement, the the court court found that
“Blossom "Blossom Lawrence” was the Lawrence" was the person responsible for personresponsible for supporting supporting Appellant. Appellant. (I C.R.
at 39) 39) (underlining in original). original). The Order Extending Disposition signed signed January
28, 28, 2014 2014 contains contains the the signature signature of yet another of yet person on another person on the the “Parent” blank. (I "Parent" blank. (I
C.R. at 43). 43). It is is not clear who this this person person is because the is because the handwriting is is illegible: illegible:
the the first first letter letter may be an may be an “H” "H" or or a a “K”, "K", and and the the rest rest is is largely largely indecipherable. indecipherable. (I (I
C.R. at 43). 43). The Third Amended Amended Conditions of Probation Probation contain aa signature signature on on
the the “Parent/Guardian "Parent/Guardian Signature” blank of Signature" blank of what appears appears to be be the the same same person, but
43).66 it is is likewise indecipherable. indecipherable. (I C.R. C.R. at at 43). The Third Amended Amended Order of
Probation for Residential Placement “finds Residential Placement "finds that that it it is is contrary contrary to to the the child’s child's welfare welfare
to to continue to to remain in the the home Brown" and home of Kathy Brown” and has has an an “X” "X" next next to to the the
blank reading blank reading “The parent/guardian/custodian fails to provide aa safe "The parent/guardian/custodian safe home home
environment.” environment." (I (I C.R. C.R. at at 45) original).'7 The Agreed Amended 45) (underlining in original). Amended
Order of Probation Probation for Residential Placement signed Residential Placement signed on on January January 26, 26, 2015 2015 “finds "finds
Camilla Lawrence is is the person responsible the person for supporting responsiblefor supporting [Appellant].” [Appellant]." (I (I C.R. C.R. at at
6 6 As with the As with the other other similar blanks, this similar blanks, this signature signature is is also preceded by also preceded by aa recitation that the the conditions were explained conditions were explained “to"to me me and and my my child”. child". (I(I C.R. C.R. atat 43). 43). See, n. 3, See, n. 3, 4, 4, and and 5, supra. 5, supra. 7 7 Service was attempted, Service was attempted, andand apparently completed, completed, on on Kathy BrownBrown for for the the hearing onon the the State’s State's original petition to original petition to modify modify set set for October 28, 2014. (Appendix at for October 28, 2014. (Appendix at Tab 1, 000015— Tab 1, 000015- 000016). 000016). The The summons, summons, in in addition addition to to aa stamp stamp on on the the front front saying saying “SERVED”, "SERVED", contains contains notes that indicate failed service handwritten notes service attempts attempts and and a a telephone telephone conversation conversation with with Kathy Kathy as as she was en she was en route route toto court, while the court, while the return return claims claims she was served. (Appendix she was (Appendix at at Tab 1,1,
000015). 000015). In anyany event, event, whoever KathyKathy Brown Brown is, is, she she waswas served, with the served, not with the Original Original Petition but with but with the the Petition to to Modify. Modify. (Appendix (Appendix at at Tab 1, 1, 000015). 000015).
11 11 53) 53) (underlining in original). original). The Order of Probation for Residential Residential Placement Placement
states states that that the the “court "court finds finds that that it it is is contrary contrary to to the the child’s child's welfare welfare to to continue continue to to
remain in the the home Lawrence", and home of Camilla Lawrence”, has an and has an “X” "X" next next to to the the blank blank
reading reading “The parent/guardian/custodian exhibits "The parent/guardian/custodian exhibits aa pattern pattern of being unable of being unable to to
provide adequate provide adequate supervision”. supervision". (I (I C.R. C.R. at at 55). 55). The The Order Order Extending Extending Disposition Disposition
signed 2, 2015 contains signed on January 2, contains Camilla Camilla Blossom Blossom Lawrence’s Lawrence's signature signature on the the
“Parent” blank. (I "Parent" blank. (I C.R. C.R. at at 57). 57). Likewise, Likewise, the the next page is next page is signed by Camilla signed by Camilla 58).88 Blossom Blossom Lawrence Lawrence on on the blank “Parent/Guardian the blank "Parent/Guardian Signature”. Signature". (I (I C.R. C.R. at at 58).
SUMMARY OF THE SUMMARY ARGUMENT THE ARGUMENT
ISSUE ONE: The juvenile juvenile court court lacked personal jurisdiction over Appellant lacked personaljurisdiction
because the because the record does does not affirmatively affirmatively show that at least least one of his parents, his his parents, his
guardian, guardian, or or his his custodian served with summons custodian was served summons with the the original petition
attached, nor does attached,nor does the the record show waiver pursuant pursuant to to Texas Texas Family Code Code Section Section
Unless the Unless the record affirmatively affirmatively shows shows that at least least one one parent, parent, guardian, guardian, or
custodian custodian of aa juvenile juvenile is served with the is properly served the summons summons and and a a copy copy of the the
original petition, or unless the or unless the record shows waiver pursuant showswaiver pursuant to to Texas Texas Family Code Code
Section Section 53.06(e), 53.06(e), the juvenile court the juvenile court does does not acquire jurisdiction, and acquire jurisdiction, and the the case case must
be be reversed reversedand and remanded. remanded.
8 8 As with the As with the other other similar blanks, blanks, this this signature signature is is also preceded by also preceded by aa recitation that the the conditions were explained conditions were explained “to "to me me and and my my child”. child". (I (I C.R. C.R. at at 43). 43). See, n. 3, See, n. 3, 4, 4, 5, 5, and and 6, supra. 6, supra.
12 12 Here, the the record does does not affirmatively affirmatively show show service service nor does does it contain a a
statutory statutory waiver. waiver. It It is undisputed that is undisputed that Appellant’s Appellant's father, father, James James Pertolanitz, Pertolanitz, was
not personally served, served, nor did he he appear appear or or waive service. Service Service on his wife is his wife is
ineffective because because she she is is not his his general general agent agent and there is is no no showing that he he
made made her his his agent agent for service process. Kathy service of process. Kathy Brown, Brown, if she was Appellant’s she was Appellant's
guardian guardian or or custodian custodian (or even even mother), was was apparently served with summons—but apparently served summons-but
not with the the summons summons that had had the the original petition attached, making this this service service
ineffectual to to confer jurisdiction. confer jurisdiction.
There There remains remains Camilla Brown Lawrence. Lawrence. While While she she was served, there is is no no
clear clear indication indication that that she she is, is, in in fact, fact, Appellant’s Appellant's mother or or guardian guardian or or custodian. custodian. In
fact, fact, service service on her was was defective because because the the summons was directed to Appellant, summonswas
not her, and and the the record does does not show that she she answered answeredor or appeared, appeared, it is is as as if she she
suffered suffered aa default judgment. The order giving giving rise rise to to this this appeal appeal finds that aa
different person is different person is Appellant’s Appellant's mother. mother. The original adjudication judgment does does
not not actually actually find find that that Camilla Camilla Brown Brown Lawrence Lawrence is is Appellant’s Appellant's mother, mother, though though it it
states states she she is, is, and and in any event event such aa finding finding is is contradicted by the contradicted by the later finding. finding.
The record contains contains six different signatures signatures from persons purporting to be to be
Appellant’s parent or Appellant's parent or guardian, guardian, and and the the one one from the the hearing hearing at at which Camilla
Brown Lawrence Lawrence allegedly appeared appeared is utterly unlike later signatures is utterly that might be signaturesthat be
from her. her. The record simply fails to to show that Camilla Brown Lawrence is, is, in
13 13 fact, fact, Appellant’s Appellant's mother, guardian, guardian, or or custodian, custodian, and and the the court court made, made, at best, at best,
contradictory findings regarding regarding the the same. same.
Neither does does the the record contain a a waiver of service service of summons pursuant to summonspursuant to
Section Section 53.06(e) 53.06(e) of the the Family Code. Code. Such a a waiver may only be be by by written written
stipulation or or voluntary appearance appearance at the the hearing hearing for which the the summons was summons was
issued. issued. None of the the documents documents bearing bearing the the signature signature of any of the people who the people
could be Appellant’s could be Appellant's parent, parent, guardian, guardian, or or custodian custodian is is a written stipulation a written stipulation of of
waiver of service. None of these writings can be these writings be voluntary appearances appearances at the the
hearing-that is, hearing—that court-for which the is, in court—for the summons summons was issued. issued. None of the the
hearings hearings in in the the reporter’s reporter's record record show show Appellant’s parent, guardian, Appellant's parent, guardian, or or custodian custodian
appeared appeared or or were even even present, present, and and the the recitation in the the judgment of adjudication is is
therefore therefore either false, or or Camilla Brown Lawrence, whoever she she is, is, did did not
“appear” "appear" as as that that term term is understood in the is understoodin the law.
Because Because the the record does does not affirmatively affirmatively show service service of the the summons summons of
the the original petition on the the parent, parent, guardian, guardian, or or custodian custodian of Appellant, and because and because
the the record does does not contain a a waiver of service service of that summons, summons, the the case case must be be
reversed reversedand and remanded. remanded.
14 14 ARGUMENT ARGUMENT
Law Law
Texas Texas Family Code Code § § 53.06(a)(2) 53.06(a)(2) requires requires the juvenile court the juvenile court to to direct the the
issuance issuance of of summons summons to to “the "the child’s child's parent, parent, guardian, guardian, or or custodian”, custodian", and service service
upon either parent parent is is sufficient. In the Matter Matter of Edwards, 644 ofEdwards, 644 S.W.2d S.W.2d 815, 815, 818 818
App.-Corpus Christi (Tex. App.—Corpus Christi 1982, 1982, writ ref’d ref'd n.r.e.). n.r.e.). A party other than aa child may
waive service summons, but only by service of summons, by “written "written stipulation stipulation or or by by voluntary voluntary
appearance appearance at at the the hearing.” hearing." Tex. Tex. Fam. Fam. Code Code § § 53.06(e). 53.06(e).
Service Service of summons summons with the the original petition is is the the act act that confers
jurisdiction on the jurisdiction juvenile court. the juvenile court. In re re G.A.T., G.A.T., 16 16 S.W.3d S.W.3d 818, 818, 823 App.- 823 (Tex. App.—
Houston [14th Dist.] Dist.] 2000, pet. pet. denied); denied); State State v. v. C.J.F., C.J.F., 183 183 S.W.3d S.W.3d 841, 841, 851 851 (Tex.
App.-Houston [1st App.—Houston [lst Dist.] Dist.] 2005, pet. pet. denied). denied). Likewise, where the the record does does not
affirmatively affirmatively show show service service of the the summons summons and original petition on the parent or the parent or
the juvenile, the the juvenile, juvenile court the juvenile court fails to to acquire jurisdiction if it is acquire jurisdiction is the juvenile who the juvenile
is is not served, In the Matter of M.D.R., 113 the Matter 113 S.W.3d S.W.3d 552, 552, 553 App.- 553 (Tex. App.—
Texarkana Texarkana 2003, no no pet.), and fails to to acquire jurisdiction if it is acquire jurisdiction is the parent who is the parent is
not served servedand the parent does the parent does not waive service pursuant to service pursuant to the the statute. statute. Carlson v. v.
State, State, 151 151 S.W.3d S.W.3d 643, App.-Eastland 2004, no 643, 645-646 (Tex. App.—Eastland no pet.); Tex. Fam. Fam.
Code Code § § 53.06(e). 53.06(e). The juvenile juvenile court court fails to to acquire jurisdiction if the acquire jurisdiction parent is the parent is not
15 15 served served and does does not waive service, service, even even if the juvenile is the juvenile served with is properly served
summons summonsand and the the original petition. Carlson, 151 151 S.W.3d S.W.3d at 645. 645.
Failure to to acquire jurisdiction over the acquire jurisdiction the case case means means the the adjudication order is is
void and subject subject to to collateral attack. attack. In the Matter ofXB., Matter of X.B., 369 369 S.W.3d S.W.3d 350, 350, 352- 352-
354 App.-Texarkana 2012, no 354 (Tex. App.—Texarkana no pet.). pet.).
Application
1. Neither 1. Neither Appellant’s Appellant's father father nor nor Kathy Brown were were served served with with the the summons and the original petition, petition, nor nor did did they waive service
It It is is indisputable indisputable that that James James Pertolanitz, Pertolanitz, Appellant’s Appellant's alleged alleged father, was not
servedwith summons personally served summonsand and the the original petition, nor did he he waive service service
by written by written stipulation or or voluntary appearance at at the the adjudication hearing hearing or or any
other hearing. hearing. (Appendix at at Tab 1, 1, 000001—000026; 000001-000026; at at Tab 4, 4, 000001—000002) 000001-000002)
(Volumes 2-8 of the Reporter's Record) the Reporter’s Record) (I (I C.R. C.R. at at 1-99). 1-99). The record shows shows one one
summons summons directed directed to to James James that is is served served on his wife, (Appendix at Tab 4, his wife, 4,
000001—000002), 000001-000002), but this cannot substitute substitute for personal personal service service on James James himself
without some without some evidence evidence that James’ wife was his James' wife his agent agent for service service of process. process.
Graham v. McCord, 384 v. McCord, 384 S.W.2d S.W.2d 897, 897, 898 App.-San Antonio 898 (Tex. Civ. App.—San Antonio 1964, 1964, no no
writ) (“While ("While aa wife wife is is not a a general general agent agent of her husband…a husband...a husband husband can make make
his wife his his wife his agent.”); agent."); Wilson Wilson v. v. Newton County, County, 269 269 S.W. S.W. 227, 228 228 (Tex. Civ.
App.-Beaumont 1925, App.—Beaumont no writ) (“Mrs. 1925, no ("Mrs. Wilson was aa necessary party to to the the
proceedings, and, proceedings, and, such being true, the the notice must have been served have been served upon her
16 16 personally, and and not by by delivery to to her husband.”); husband."); cf. cf Tex. R. R. Civ. P. P. 106(b)(1) 106(b)(1)
(substituted service “by (substituted service "by leaving aa true copy copy of the the citation, with a a copy copy of the the
petition attached, with anyone over sixteen years of age sixteen years age at the the location specified specified in
such affidavit” affidavit" permitted only upon motion and affidavit affidavit showing, among among other
things, unsuccessful unsuccessful attempted attempted service service upon defendant defendant himself) and and Tex. Fam. Fam.
Code Code § § 51.17(a) 51.17(a) (the Texas Texas Rules Rules of Civil Procedure, Procedure, with exceptions exceptions not
applicable applicable here, here, “govern proceedings under this "govern proceedings title"). Nothing shows this title”). shows that she she
was his agent-even if we assume his agent—even assume the process server the process server spoke spoke to to James James on on the phone, the phone,
nothing shows shows James James told the the server server his his wife wife could accept accept service service on his his behalf.
It is is also also indisputable indisputable that, whoever Kathy Brown is, is, she servedwith was not served she was
summons summons and the the original petition (Appendix at at Tab 1, 1, 000015—000016), 000015-000016), nor did did
she she waive service by written service by or voluntarily written stipulation or voluntarily appear appear at the the adjudication
hearing hearing or 2-8 of or any other hearing. (Volumes 2-8 of the the Reporter’s Reporter's Record) Record) (I (I C.R. at at 1- 1-
99). 99). Finally, Finally, it is undisputable that Appellant was is undisputable served with summons was served summons and and the the
original petition, (Appendix at at Tab 1, 1, 000009—000010), 000009-000010), although we might
wonder about about the served with aa summons the effect of him being served summons directed to Camilla
Brown Lawrence rather rather than to himself.
2. 2. The record record does affirmatively show that Camilla Brown does not affirmatively Lawrence Lawrence is is Appellant’s Appellant's mother, mother, guardian, guardian, or or custodian custodian
So, unless Appellant’s So, unless Appellant's mother, mother, guardian, guardian, or or custodian served with custodian was served
summons summons and and the the original petition (or waived service pursuant to service pursuant the statute), to the statute), the the
17 17 juvenile court juvenile court never never acquired jurisdiction over his acquired jurisdiction his case, case, the the original adjudication
order and all subsequent subsequentorders are are void, and the the case case must be be remanded for aa new remandedfor
trial. Carlson, 151 151 S.W.3d S.W.3d at 645-646; In In the ofXB., Matter of the Matter X.B., 369 369 S.W.3d S.W.3d at 354-
355. 355. We We know that Camilla Brown Lawrence was served served with summons summons and and the the
original petition, (Appendix at at Tab 1, 1, 000007—000008), 000007-000008), but what we do do not
know, and and what the the record does does not affirmatively affirmatively show, show, is is whether she she is is
Appellant’s Appellant's mother, mother, guardian, guardian, or or custodian. In the custodian. In Matter of the Matter M.D.R., 113 ofM.D.R., 113 S.W.3d S.W.3d
at 553 553 (record (record must affirmatively affirmatively show service service of summons summons and and original petition).
Furthermore, because the Furthermore, because summons with which she the summons was served she was served is is directed directed to to
Appellant, Appellant, “there "there can be no can be no doubt doubt that that aa complete complete discrepancy between the discrepancy between the
defendant defendant listed in the the petition and and the the entity or person that the or person the citation is is directed
to to is is a a defect in service,” service," Midstate Envtl. Servs., Servs., LP v. Peterson, 435 v. Peterson, 435 S.W.3d S.W.3d 287, 287,
App.-Waco 2014, no 290 (Tex. App.—Waco no pet.) (finding (finding defective service service for numerous numerous
reasons reasons under Texas Texas Rule of Civil Procedure in an an appeal appeal from aa default
judgment), Tex. Fam. Fam. Code Code § § 51.17(a) 51.17(a) (the Texas Rules of Civil Procedure, with Texas Rules
exceptions exceptions not not applicable applicable here, here, “govern "govern proceedings proceedings under this title”), Medeles v. title"), Medeles v.
Nunez, 923 Nunez, 923 S.W.2d S.W.2d 659, 659, 662-663 App.-Houston [1st 662-663 (Tex. App.—Houston [lst Dist.] 1996, writ Dist.] 1996,
denied) denied) (finding (finding various defects in service service warranting reversal reversal of default judgment,
including including omission omission of of one one letter letter from from the the defendant’s defendant's last last name) name) overruled on
other grounds by Barker CATV Const., Inc. Inc. v. v. Ampro, Inc., 989 989 S.W.2d S.W.2d 789 789 (Tex.
18 18 App.-Houston [1st App.—Houston [lst Dist.] Dist.] 1999, 1999, no no pet.), so so even even if the the record record affirmatively affirmatively
showed showed she she is is Appellant’s Appellant's mother, mother, service would still service would be defective still be defective and and thus thus
insufficient insufficient to to confer jurisdiction.9 Carlson, 151 confer jurisdiction. 151 S.W.3d S.W.3d at 645-646; In the Matter Matter
ofXB., of X.B., 369 369 S.W.3d S.W.3d at 354-355. 354-355. Midstate and Medeles Medeles considered whether service consideredwhether service
was sufficient in view of default judgments; this case case is is analogous analogous to to a a default
judgment because, as will be because, as be shown shown below, neither Camilla Brown Lawrence Lawrence nor
anyone else else but Appellant and his his attorney, attorney, ever ever appeared. appeared. Thus, it is is as as if she she
suffered suffered aa default judgment.
The order giving giving rise rise to to the the instant appeal appeal finds that aa different person,
Camilla Camilla Blossum Blossum Lawrence, Lawrence, is is Appellant’s Appellant's mother. mother. (I (I C.R. C.R. at at 64). 64). “We "We must
presume that statement presume statement correct correct in the the absence absence of direct direct proof of its falsity”. falsity".
9 For For this this reason too, too, even if the the record record showed showed that Camilla Brown Lawrence, Lawrence, although not Appellant’s Appellant's mother, mother, was was atat least least hishis “custodian” "custodian" as as that that term term is is defined defined in in the the Family Family Code, Code, seesee Tex. Tex. Fam. Fam. Code § § 51.02(3) (“‘Custodian’ ("'Custodian' means the the adult with with whom whom the the child resides”), resides"), service service would still would be defective still be defective and and the the juvenile juvenile court would not have court would have acquired jurisdiction. But the acquired jurisdiction. the record record doesdoes not show, beyond the show, beyond the fact fact that Appellant Appellant and and Camilla Brown Lawrence Lawrence were were served at at the the same same address address (both (both listed on on the the summons), summons), that that Appellant Appellant resided resided withwith her atat the the time time hehe was served. (Appendix was (Appendix at at Tab 1, 000007-000010); see 1, 000007—000010); see (I C.R. C.R. atat 14) 14) (reciting that Camilla Brown Brown Lawrence Lawrence is is responsible responsible for for supporting supporting Appellant Appellant “while "while he he resides resides at at [a [a particular address]”, address]", but but failing failing to to find find that that this this was his permanent was his permanent residence residence or where he or where he resided resided whenwhen he he was served); was served); Garcia v. v. Gutierrez, Gutierrez, 697 S.W.2d S.W.2d 758, 760 (Tex. App.-Corpus Christi (Tex. App.—Corpus Christi 1985, 1985, nono writ) (service (service not limited limited to to address address listed in the the citation, as as defendant defendant may may be be served wherever he may he may be be found). The The State’s State's original petition alleges original petition alleges the the same same address address for both (I for both (I C.R. C.R. at at 7), 7), but it is but well-settled that, is well-settled that, inin general, general, pleadings, even if if sworn sworn to to or verified, are or verified, are not evidence. evidence. Laidlaw Waste Laidlaw Waste Sys. Sys. (Dallas), (Dallas), Inc. Inc. v. v. City City of Wilmer, Wilmer, 904 S.W.2d S.W.2d 656, 656, 660 (Tex.(Tex. 1995)1995) (“pleadings are ("pleadings are not competent evidence, competent evidence, even if sworn or verified."). sworn or verified.”). Likewise, Likewise, there is nothing there is in in the the record record to to show show that that she she isis Appellant’s Appellant's guardian, guardian, as as that that term term isis defined defined in the the Family Family Code.Code. Tex. Tex. Fam. Fam. Code Code § § 51.02(4) ("'Guardian'" (“‘Guardian’” means means the the person person who, who, under under court court order, order, is is the the guardian guardian of the person of the the person the child or the public or the public oror private agency with whom the agency with the child has has been placed by placed by aa court.”). court.").
19 19 Johnson v. Johnson v. State, State, 72 72 S.W.3d S.W.3d 346, 346, 349 349 (Tex. Crim. App. 2002) (judgment reciting
the the defendant “waived trial by defendant"waived by jury"). jury”). But then, the the original adjudication judgment
stated stated (without directly finding) finding) aa contrary conclusion: Appellant’s Appellant's “mother, "mother,
Camilla Brown Lawrence, Lawrence, also also [was] present”. present". (I C.R. at 11) 11) (underlining in
original). So, “must original). So, "must [we] presume presume that statement statement correct correct in the the absence absence of direct direct
proof of its falsity”? Johnson, 72 falsity"? Johnson, 72 S.W.3d S.W.3d at 349. 349. That same same judgment recited that
“due "due notice notice had had been been served served on on all all parties parties for for the the time time required required by by law”. law". (I (I C.R. C.R. at at
11). 11). So, So, must we presume presume that statement statement correct? Johnson, Johnson, 72 72 S.W.3d S.W.3d at at 349. 349.
But, again, we have again, we have the the later judgment finding later judgment finding aa different person to different person be Appellant’s to be Appellant's
mother. (I C.R. at at 64); Johnson, 72 64); Johnson, 72 S.W.3d S.W.3d at 349. 349. Not only that, but we have have at at
least six other persons whose least whose signatures purport to signaturespurport be that to be that of of Appellant’s parent, Appellant's parent,
and various persons and various persons listed listed as as Appellant’s Appellant's parent, parent, guardian, guardian, or or custodian. custodian. (I C.R. C.R. at at
10; 10; 17; 17; 28; 28; 31; 31; 41; 41; 43; 43; 57-58). And whether Camilla Brown Lawrence appeared appeared at
the the original adjudication hearing hearing or not, the the signature signature of whoever signed signed the the
stipulations stipulations and and waiver waiver (which (which did did not not waive waive service) service) as as Appellant’s parent is Appellant's parent is
wholly unlike any other signatures that might belong to signaturesthat to Camilla Brown Lawrence. Lawrence.
(I C.R. at 10 10 and and 17 17 (June 14, 14, 2012 signatures); signatures); 28; 28; 31; 31; 41; 41; 43; 43; 57-58). In short,
the the record does does not affirmatively affirmatively show that Camilla Brown Lawrence is is
Appellant’s Appellant's mother: mother: to to the the contrary, contrary, the the record record contains what are, are, at best, directly at best,
contradictory findings by the the trial court court on on this this issue, issue, and and further reason reason to to doubt
20 20 that that Camilla Camilla Brown Brown Lawrence Lawrence is is Appellant’s Appellant's mother mother since since multiple people signed multiple people signed
as as his his parent. parent.
She She cannot cannot be be Appellant’s Appellant's guardian guardian because because the the record record does does not contain a a
court court order stating stating as as much, nor a a court court order placing Appellant with her before before she she
summons. Tex. served with summons. was served Tex. Fam. Fam. Code Code § § 51.02(4) 51.02(4) (“‘Guardian’” ("'Guardian"' means means the the
person who, under person under court court order, is is the the guardian guardian of the the person person of the the child or or the the
public or public or private private agency whom the agency with whom the child child has been placed has been by aa court.”); placed by see court."); see
footnote 9, supra. 9, supra. Neither does does the the record affirmatively affirmatively show that she she is is
Appellant’s Appellant's custodian, custodian, as as that that term term is is defined defined in in the the Family Family Code. Code. Tex. Tex. Fam. Fam. Code Code
§§ 51.02(3) (“‘Custodian’ ("'Custodian' means means the the adult whom the adult with whom the child child resides”); see resides"); see
footnote 9, 9, supra. supra. The record shows shows that Appellant and Camilla Brown Lawrence
were served served at the the same same address address (both listed on the the summons), summons), but it does does not
follow resided with her at the follow that Appellant resided the time he was served. (Appendix at he was at Tab
1, 1, 000007—000010). 000007-000010). While While the the Order of Probation of June June 14, 14, 2012 places places
Appellant Appellant “on probation in "on probation in the the custody custody of of Camilla Camilla Brown Brown Lawrence Lawrence at at [the [the same same
address address at which they were served], served], this this likewise is is not a a finding finding that Appellant
resided with her at resided at the the time he was served. (I he was (I C.R. at at 13-14) 13-14) (reciting that Camilla
Brown Brown Lawrence Lawrence is is responsible responsible for for supporting supporting Appellant Appellant “while "while he he resides resides at at [a [a
particular address]”, particular but failing address]", but failing to to find find that this this was his permanent residence or his permanent or
where he he resided he was served). The resided when he The State’s State's original petition alleges original petition alleges the the
21 21 same same address address for both (I C.R. at 7), 7), but it is is well-settled that, in general, pleadings, general,pleadings,
even even if sworn to to or verified, verified, are are not evidence. Laidlaw Waste evidence. Laidlaw Waste Sys. Sys. (Dallas), Inc. Inc. v. v.
Wilmer, 904 City of Wilmer, 904 S.W.2d S.W.2d 656, 656, 660 660 (Tex. (Tex. 1995) 1995) (“pleadings ("pleadings are are not not competent competent
evidence, even evidence, even if sworn sworn or verified.”). Finally, or verified."). Finally, even even if the the above were sufficient abovewere sufficient to to
show that Camilla Brown Lawrence, Lawrence, whatever whatever else else she she might be, be, is is at at least least
Appellant’s Appellant's custodian, custodian, service service on on her was defective her was defective because because the the summons summons with
which she she was was served served was directed directed to to Appellant, and and thus this this service service was
insufficient insufficient to to confer jurisdiction. Midstate Envtl. Servs., 435 confer jurisdiction. 435 S.W.3d S.W.3d at 290; 290; Tex.
Fam. Fam. Code Code § § 51.17(a); Medeles, 923 51.17(a); Medeles, 923 S.W.2d S.W.2d at at 662-663; Carlson, 151 151 S.W.3d S.W.3d at
645-646; In the the Matter ofXB., Matter of X.B., 369 369 S.W.3d at 354-355. As will be S.W.3d at be shown shown below,
the the record does does not affirmatively affirmatively show that Camilla Brown Lawrence appeared appeared in
the the suit, so so it is is as as if she she suffered suffered aa default judgment.
3. 3. The record record does does not contain contain aa statutory waiver of service by anyone who who could could be be Appellant’s Appellant's mother, mother, guardian, guardian, or or custodian custodian
Neither does does the the record contain a a waiver of service service of summons summons of the the
original petition pursuant pursuant to Texas Texas Family Code Code § § 53.06(e) by anyone who could 53.06(e) by
be be Appellant’s Appellant's mother, mother, guardian, guardian, or or custodian. custodian. That statute statute allows aa party other
than than aa child child to waive service to waive by “written service by "written stipulation or by voluntary or by voluntary appearance appearance at
the the hearing.” hearing." Tex. Fam. Fam. Code Code § § 53.06(e) 53.06(e) (emphasis (emphasisadded). added).
The only summonses containing the summonsescontaining the original petition were those those issued issued for
the the original adjudication hearing hearing in June June 2012. (Appendix at at Tab 1, 000001- 1, 000001—
22 22 000010). 000010). The rest rest were for petitions to to modify, modify, (Appendix at at Tab1, 000011- Tabl, 000011—
000026), 000026), so even if validly served so they, even served on aa proper person person under Section Section
53.06(a)(2), be insufficient 53.06(a)(2), would be insufficient to to confer jurisdiction. In re confer jurisdiction. re G.A.T., G.A. T., 16 16 S.W.3d S.W.3d
at 823; 823; State State v. v. C.J.F., C.J.F., 183 183 S.W.3d S.W.3d at at 851. 851.
None of None of the the documents documents signed by anyone signed by purporting to anyone purporting be Appellant’s to be Appellant's
parent, guardian, parent, guardian, or or custodian custodian are are written stipulations of waivers of service service of
summons of the original summonsofthe petition. Tex. Fam. original petition. Fam. Code Code § § 53.06(e); 53.06(e); (I C.R. at at 10; 10; 17; 17; 28; 28;
31; 31; 41; 41; 43; 43; 57-58). Neither, for that matter, matter, are are they they waivers of service service of anything
at all. (I (I C.R. at at 10; 10; 17; 17; 28; 28; 31; 31; 41; 41; 43; 43; 57-58). As such, they do do not constitute constitute
waivers of service service by written written stipulation. Tex. Fam. Fam. Code Code § § 53.06(e). 53.06(e). And even even if
they they were, none of these these documents documents contain findings by by the the court court that whoever
these persons are these persons who are are who are signing signing the the documents documents are are in in fact fact Appellant’s Appellant's mother, mother,
guardian, guardian, or or custodian. custodian.
Likewise, the the record does does not show waiver by by voluntary appearance appearance at the the
hearing for for which the summons with the original the summons petition was original petition was issued. The
reporter’s reporter's record, record, in in fact, fact, is is devoid devoid of of the the appearance, appearance, or or even presence, of even presence, of anyone anyone
on on Appellant’s Appellant's “side” "side" except except Appellant and and his his counsel. (Volumes 2-8 of the the
Reporter’s Reporter's Record). Record). In particular, the the arraignment arraignment and plea hearing hearing do do not show show
the the appearance appearance or presence of anyone for Appellant other than Appellant and or presence and his his
counsel. counsel. (Volumes (Volumes 2 2 and and 3 3 of of the the Reporter’s Reporter's Record). Record).
23 23 Now, the Now, the judgment adjudicating guilt Appellant's “mother, guilt recites that Appellant’s "mother,
Lawrence, also Camilla Brown Lawrence, also [was] present”. (I [was] present". (I C.R. C.R. at at 11) 11) (Appendix (Appendix at at Tab Tab 2, 2,
000001). 000001). But there are are three reasons reasons why this does does not constitute constitute aa voluntary
appearance appearance at the the hearing hearing for which the the summons summons with the the original petition was was · 10 10 issued. issued.
First, as as shown shown above, above, the the court court made made contradictory findings about about who
Appellant’s Appellant's mother mother is, is, and and the the record record does does not not clearly clearly show show who who his his mother mother is. is. (I (I
C.R. at 10; 10; 11; 11; 17; 17; 28; 28; 31; 31; 41; 41; 43; 43; 57-58; 64) 64) (Appendix at at Tab 2). 2). The court court never never
found that she she was his his guardian guardian or or custodian custodian either. So, So, it is is not at at all clear that, if
Camilla Camilla Brown Brown Lawrence Lawrence did did appear appear in in court, court, she she is is Appellant’s Appellant's mother, mother, guardian, guardian,
or or custodian. custodian. Tex. Fam. Fam. Code Code § § 53.06(e). 53.06(e).
Second, the Second, judgment’s recitation the judgment's recitation is is contradicted by the contradicted by the record, record, and and is is
therefore therefore shown shown to be false. Johnson, to be Johnson, 72 72 S.W.3d S.W.3d at 349. Not only 349. Not only is is the the reporter’s reporter's
record devoid of any indication of even even the the mere mere presence, much less less the the general general
appearance, of anyone other than Appellant and and his his counsel, (Volumes 2 2 and and 3 3 of
the the Reporter’s Reporter's Record), Record), but the the docket sheet fails to to show the the appearance appearance of
Camilla Brown Lawrence Lawrence or or anyone else. else. Tex. R. R. Civ. P. P. 120 120 (defendant (defendant may
enter enter his his appearance appearance in in open open court, court, and and “[s]uch "[s]uch appearance appearance shall be be noted by the noted by the
10 io Of course, if the the record affirmatively showed record affirmatively showed that that Camilla Brown Brown Lawrence was validly Lawrence was served served and and is is Appellant’s Appellant's mother, mother, guardian, guardian, or or custodian, custodian, then whether she she appeared or or not would be would be immaterial. However, as as argued above, the the record affirmatively shows record affirmatively shows neither fact, fact, so so whether she she appeared or or not matters. matters.
24 24 judge upon his his docket docket and and entered entered in the the minutes, minutes, and and shall have have the the same same force force
and and effect as as if the the citation had been duly issued had been issued and and served served as by law.”); as provided by law.");
Tex. Fam. Fam. Code Code § § 51.17(a) 51.17(a) (the (the Texas Texas Rules Rules of Civil Civil Procedure, Procedure, with exceptions exceptions
applicable here, not applicable here, “govern proceedings under "govern proceedings under this this title”); title"); (I C.R. at at 96-97). As
such, such, the judgment’s boilerplate the judgment's boilerplate recitation recitation is is false. Johnson, Johnson, 72 72 S.W.3d S.W.3d at 349. 349.
the “mere Third, the presence of "mere presence of aa party party or or his his attorney attorney in in the the courtroom courtroom at at the the
time of aa hearing hearing or or a a trial, where neither participates participates in the prosecution or the prosecution or defense defense
the action, of the action, is is not not an an appearance.” appearance." Smith Smith v. Amarillo Hosp. Dist., v. Amarillo Dist., 672 672 S.W.2d S.W.2d
615, 615, 617 App.-Amarillo 1984, 617 (Tex. App.—Amarillo no writ). Rather, 1984, no Rather, “the "the party must seek aa
judgment or or a a decision by by the the court court on some some question.” question." Seals Seals v. v. Upper Trinity Trinity
Reg’l Water Reg'l Water Dist., 145 145 S.W.3d S.W.3d 291, App.-Fort Worth 2004, pet. 291, 296 (Tex. App.—Fort pet.
dism’d). dism'd). In-court actions actions that constitute constitute aa general general appearance appearance include examining
witnesses or witnesses or offering testimony, Id. 297, and Id. at 297, and even even announcing announcing “not "not ready”. ready".
McEntire v. McEntire McEntire, 706 v. McEntire, 706 S.W.2d S.W.2d 347, 347, 349 App.-San Antonio 349 (Tex. App.—San 1986, writ Antonio 1986,
dism’d) dism'd) (“We ("We are are of the the opinion that appellant, appellant, by showing up up to to announce that he he
was not ready, made made his his appearance appearance to to the the court, court, and and waived his complaint as as to to
the service."). “On the lack of service.”). "On the the other hand, a a party who is is a a silent figurehead figurehead in the the
courtroom, observing observing the proceedings without the proceedings without participating, has not" made has not” made an an
appearance. Seals, Seals, 145 145 S.W.3d S.W.3d at at 297. 297. Thus, in the the absence absence of something something more
than than aa silent silent record, record, Camilla Camilla Brown Brown Lawrence Lawrence did did not waive service not waive by “voluntary service by "voluntary
25 25 appearance appearance at at the the hearing” hearing" held on the the original petition. Tex. Fam. Fam. Code Code § §
While While aa “general "general appearance appearance is is normally normally in in the the form form of of an an answer answer to to the the
made in claims made in the the suit”, suit", Seals, Seals, 145 145 S.W.3d S.W.3d at at 296, 296, the the Family Code precludes the Code precludes the
possibility of voluntarily possibility voluntarily appearing appearing in aa juvenile juvenile proceeding proceeding in writing unless unless the the
writing is is a a “written "written stipulation” waiving service. stipulation" waiving service. Tex. Tex. Fam. Fam. Code Code § § 53.06(e). 53.06(e).
This is is because because the the statute statute does say “voluntary does not say "voluntary appearance” simpliciter, but appearance" simpliciter,
rather, rather, requires requires the voluntary appearance the voluntary appearance to be made to be made “at "at the the hearing”, hearing", that that is, is, in in
court. Id. Thus, court. Id. Thus, any writings that any writings that are are not not “written "written stipulations” stipulations" signed by anyone signed by anyone
who could be be a parent, guardian, a parent, guardian, or or custodian do not custodian do not constitute constitute aa “voluntary "voluntary
appearance appearance at at the the hearing”. hearing". Id. Id. Hence, even even if the the Plea Plea of True, Waiver,
Stipulation Stipulation & & Judicial Judicial Confession Confession is is signed by Appellant’s signed by parent or Appellant's parent or guardian guardian or or
custodian custodian (it does does not appear appear to be signed to be by Camilla Brown Lawrence, signed by Lawrence, at at any
rate), it cannot constitute constitute aa voluntary appearance appearance under the the plain meaning meaning of the the
statute. statute. Tex. Fam. Fam. Code Code § § 53.06(e) 53.06(e) (I (I C.R. at 8-10). 8-10).
Conclusion Conclusion
The The record record does does not not affirmatively affirmatively show show Appellant’s parent, guardian, Appellant's parent, guardian, or or
custodian custodian was served with summons was served summons and and the the original petition. Neither does does the the
record affirmatively affirmatively show aa statutory statutory waiver of service by his service by parent, guardian, his parent, guardian, or or
custodian. custodian. As such, the juvenile court the juvenile court failed to to acquire jurisdiction, so acquire jurisdiction, so the the
26 26 adjudication order and all subsequent subsequentorders are are void. Therefore, Therefore, the the case case must be be
PRAYER PRAYER
WHEREFORE, PREMISES CONSIDERED, CONSIDERED, Appellant asks asks this this Court to to
REVERSE and REMAND. REMAND.
Respectfully submitted: submitted:
/s/ Justin /s/ Justin Bradford Smith Justin Justin Bradford Smith Texas Texas Bar No. 24072348 24072348
Harrell, Stoebner, & & Russell, Russell, P.C. P.C. 2106 Bird Bird Creek Creek Drive Temple, Texas Texas 76502 76502 Phone: (254) 771-1855 771-1855 FAX: FAX: (254) 771-2082 771-2082 Email: justin@templelawoffice.com justin@templelawoffice.com
CERTIFICATE OF COMPLIANCE CERTIFICATE COMPLIANCE
I hereby certify certify that, pursuant pursuant to to Rule 9 9 of the the Texas Texas Rules Rules of Appellate Procedure, Procedure, Appellant’s Appellant's Brief Brief contains contains 5,078 5,078 words, exclusive of the the caption, identity of parties parties and and counsel, statement statement regarding regarding oral argument, argument, table of contents, index of authorities, authorities, statement statementofof the the case, case, statement of issues statementof presented, issues presented, statement statement of jurisdiction, jurisdiction, statement statement of procedural procedural history, signature, signature, proof of service, certification, certification, and certificate of compliance. compliance.
/s/ Justin /s/ Justin Bradford Smith Justin Justin Bradford Smith
27 27 CERTIFICATE OF SERVICE CERTIFICATE SERVICE
I hereby hereby certify certify that on December December 7, 7, 2015, a a true and correct correct copy of
Appellant’s Appellant's Amended Amended Brief Brief was forwarded to to the the counsel below by by eservice:
Bastrop Bastrop County District District Attorney Greg Gilleland Kirsten Ruehman Ruehman 804 804 Pecan Pecan Street Street Bastrop, Bastrop, TX TX 78602 78602 Phone: 512-581-7125 512-581-7125 Fax: 512-581-7133 512-581-7133 Email: kirsten.ruehman@co.bastrop.tx.us kirsten.ruehman@co.bastrop.tx.us Email: greg.gilleland@co.bastrop.tx.us greg.gilleland@co.bastrop.tx.us
/s/ Justin /s/ Justin Bradford Smith Justin Justin Bradford Smith
28 28 APPENDIX APPENDIX
29 29 CAUSE NO. 03-15-00276-CV
IN THE MATTER OF § IN THE JUVINILE § C.P., § COURT OF § A CHILD § BASTROP COUNTY, TX
INDEX
Tab 1 Summons and Returns 2 Judgements/ Orders 3 Texas Family Code 53.06 4 Omitted Summons for James Pertolanitz TA B 1 (ON E)
SUMMONS AND RETURNS CAUSE NO. J-2790
IN THE MATTER OF * IN THE JUVENILE * COURT OF A CHILD * BASTROP COUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE TO ANY PEACE OFFICER IN THE STATE OF TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED TO SUMMON:
TO APPEAR IN PERSON before the Honorable Juvenile Court of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations ofthe Original Petition/Motion to Transferfiled and attached hereto in which said child aforesaid
(X) alleged to have engaged in delinquent conduct/conduct indicating a need for is supervision; 0 is alleged to have violated the Court's considerations of Probation and this hearing is to determine whetherabove named child should be committed to the Texas Youth Commission. O to settle matters conceming an order of Restitution. O to settle matters conceming Motion to Modify Disposition. O to settle matters conceming the Disposition.
A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, ARE HEREBY ORDEREDto bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 ofthe Texas Family Code.
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFFICIAL SEAL, on this the of May, 2012. on this the 16th day
SARAH LOUCKS, DISTRICT CLERK B OP CO TEXAS
d d6signated and sitting a JuvenileCourt in said Coun .
000001 RETURN Came to hand the day of , 20 __; at o'clock _.M. and executed the day of . 20 at o'clock .M. by delivered/mailing to the within named at in County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of $ .FEES-SUMMONS..... MILAGE( ) TITLE
TOTAL....................... S
000002 CAUSE NO. J-2790 IN THE MATTER OF * IN THE JUVENILE * COURT OF A CHILD * BASTROP COUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFPICERIN THE STATE OF TEXAS-GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON:
TO APPEAR IN PERSON before the HonorableJuvenileComt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations ofthe Original Petition/Motion to Transfer filed and attached hereto in which said child aforesaid
(X) alleged to have engaged in delinquent conduct/conduct indicating a need for is supervision; 0 alleged to have violated the Court's considerations of Probation and is this hearing is to determine whether above named child should be committed to the Texas Youth Commission. O to settle matters concerning an order of Restitution. () to settle matters concerning Motion to Modify Disposition. () to settle matters concerning the Disposition.
A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than S 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, JAMES PERTOLANITZ, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the on this the 16th day of May, 2012.
S LOUCKS, DISTRICT CLERK CO TEXAS ,
designated and sitting a Juvenile Court in said Co .
000003 RETURN Came to hand the day of , 20_; at o'clock _.M. and executed the day of . 20_; at o'clock .M. by delivered/mailingto the within named at in County, Texas; in person,a true copy of this INSTRUMENT and tendering said witness the sum of S .FEES-SUMMONS..... MKAGE( ) TITLE
TOTAL....................... $
000004 CAUSE NO. J-2790 IN THE MATTEROF * IN THE JUVENILE * COURT OF A CHILD * BASTROP COUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE TO ANY PEACE OFFICER IN THE STATE OF TEXAS--GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON:
CAMILLA BROWN LAWRENCE
TO APPEAR IN PERSON before theHonorableJuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop,Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations of the Original Petition/Motion to Transferfiled and attached hereto in which said child aforesaid
(X) alleged to have engaged in delinquent conduct/conduct indicating a need is for supervision; O alleged to have violatedthe Court's considerations of Probation and is this hearing is to determine whether above named child should be committed to the Texas Youth Commission. O to settle matters concerning an order of Restitution. () to settle matters concerning Motion to Modify Disposition. () to settle matters concerning the Disposition.
A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian ofthe person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, CAMILLA BROWN LAWRENCE, ARE HEREBY ORDEREDto bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFFICIAL SEAL, on this the on this the 16th day of May, 2012.
SARAH LOUCKS, DISTRICT CLERK B OP COUN TEXAS
duly designated and sittin a a JuvenileCourt in said Cu .
000005 RETURN Cameto hand the day of , 20_; at o'clock _.M. and executed the day of . 20 g at o'clock _.M. by delivered/mailing to the within named at in County, Texas; in person,a true copy of this INSTRUMENT and tendering said witness the sum of $ .FEES-SUMMONS..... MILAGE( ) TITLE
000006 CAUSE NO. J-2790 IN THE MATTER OF * IN THE JUVENILE * COURT OF A CHILD * BASTROP COUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE TO ANY PEACE OFFICERIN THE STATE OF TEXAS-GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON: t
TO APPEAR IN PERSON before the Honorable Juvenile Court of Bastrop County, Texas, Second Floor of Bastop County Courthouse, in the City of Bastmp, Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations of the Original Petition/Motion to Transferfiled and attached hereto in which said child aforesaid (X) is alleged to have engaged in delinquent conduct/conduct indicating a need for supervision; O is alleged to have violated the Courfs considerations of Probation and this hearing is to determine whether above named child should be committed to the Texas Youth Commission. () settle matters concerning an order of Restitution. to
() to settle matters concerning Motion to Modify Disposition. () to settle matters concerning the Disposition.
A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, ARE HEREBY ORDEREDto bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFPICIAL SEAL, on this the on this the 16th day of May, 2012.
d cresignated and sitting a a Juvenile Court in said Coun . FILE
S otstrict Clerk, gasenp cot 000007 C e to hand the ay of ' 206 o'clock .M. and executed the of ' y . 2 at o'clock . delivered/m the named) 1( A (DO (A(.t.X261tøt in & County, Texas; in person,a true copy of this INSTRUMENT and ang sat tness the sum of .FEES-SUMMONS..... MILAGE( TITLE
TOTAL....................... $ Conrucable Pacnt. 5 Travis Geunty; T6xdš
000008 CAUSE NO. J-2790
IN THE MATTER OF * IN THE JUVENILE
* COURT OF
A CHILD *BASTROPCOUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICERIN THE STATE OF TEXAS-GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON:
TO APPEAR IN PERSON before the HonorableJuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN AND THERE to hereto in which child aforesaid answer the allegations of the Original Petition/Motion to Transferfiled and attached said
(X) is alleged to have engaged in delinquent conduct/conduct indicating a need for supervision; () is alleged to have violated the Court's considerations of Probation and
this hearing is to determine whether above named child should be committed to the Texas Youth Commission.
() to settle matters concerning an order of Restitution. O to settle matters conceming Motion to Modify Disposition. O to settle matters concerning the Disposition.
attached hereto. FURTHER if restitution or child support is requested in this case you are A copy of said petition is Code restitution pursuant to Family commanded to appear in order to show cause why you should not be ordered to make within said Petition or pay chíld support, if applicable. Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed
court appointed custodian of a child, Each parent of a child, each managing and possessory conservator of a child, each accordance with Section S I.115(a)of the Texas and a guardian ofthe person of a child is required to attend the hearing in who fails the hearing may be punished by the Family Code. A person who receives the notice of the hearing, and to attend not more than $1000.00. In addition to or in lieu of contempt, Court for contempt by afine of not less than $ 100.00 and to attend an educational course on the duties and responsibilities the Court may order the person to receive counseling or
of parents and skills and techniques in raising childmn. to bring, as set forth in this Summons, the chíld in YOU, CAMILLA BROWN LAWRENCE, ARE HEREBY ORDERED engaged in delinquent conduct/conduct this above entitled cause number to the hearing as the petition alleges the child proceeded against by the issuance of a writ of indicating a need for supervision. A person who violates this order may be Family Code. attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFFICIAL SEAL, on this the
on this the 16th day of May, 2012.
duly"designated and sittin a
JuvenileCourt in said Cu . FILE DATF ,
Sarah Louoks
000009 of 20 o'clock .M. and executed the - y of e to hand the ay ,
at elivered/m at _ m nam of this INSTRUMENT and tendering said witness the sum of County, Texas; in person,a true copy .FEES-SUMMONS..... MILAGE( TITLE
TOTAL..---··-·--"·°~ Bruce Elfant Corssiable Pct 5 Travis Count.y, Texas
000010 CAUSE NO. J-2790 IN THE MATTER OF * IN THE JUVENILE * COURT OP A CHILD * SUMMONS AND NOTICE TO BASTROP COUNTY, TEXAS SHOW CAUSE TO ANY PEACE OFFICER IN THE STATE OF SUMMON: TEXAS-GREETINGS: YOU ARE HEREBY COMMANDED TO KATHY BROWN
TO APPEAR IN PERSON before the Honorable JuvenileCourt County Courthouse, in the City of Bastróp, Texas, on the of Bastrop County, Texas, Second Floor of Bastrop to answer the allegations of the Petition October 28, 2014, at 8:30 o'clock to Modify filed and A.M.; THEN AND THERE attached hereto in which said child aforesaid () is alleged to have engaged in delinquent () is alleged to have violated conduct/conduct indicating a need for the Court's considerations supervision; this hearing is to determine of Probation and whetherabove named child () to settle matters conceming should be committed to the an order of Texas Youth Commission. (X) to settle matters conceming Restitution. Motion to Modify Disposition, 0 to settle matters conceming the Disposition.
A copy of said petition is attached hereto. FURTHER if commanded to appear in order to restitution or child support is requested show cause why you in this case you am Sect. 54.041 to the above should not be ordered to make victim(s) in the aforesaid offense(s) restitution pursuant to Family listed within said Petition or Code pay child support, if applicable. Each parent of a child, each managing and possessory and a guardian of the conservator of a child, each court person of a child is required appointed custodian of a child, to attend the hearing Family Code. A person who in accordance with receives the notice of the hearing, Section 51.115(a) of the Texas Court for contempt by a fine and who fails to attend the of not less than $ 100.00 and not hearing may be punished by the the Court may order the more than $1000.00. In person to receive addition to or in lieu of contempt, counseling or to attend an educational of parents and skills and techniques course on the duties and responsibilities in raising children.
YOU, KATHY BROWN, ARE HEREBY ORDEREDto bring, as set entitled cause number to the forth in this Summons, the child hearing as the petition alleges the in this above need for supervision. child engaged in delinquent A person who violates this order conduct/conduct indicating a or contempt may be proceeded against by the proceedings as set forth in Section 53.08 issuance of a writ of attachment and 54.07 of the Texas Family Code. HEREIN FAIL NOT, but make due retum of this writ. WITNESS BY on this the 23rd day of October, 20 14. SIGNATUREAND OFFICIAL SEAL, on this the
SA LOU KS, DIS LERK
dul d ignat an satt ' g as a Juve ile Court said C unty. .
000011 Î. RETURN Came to hand the day of , 20 at o'clock .M. and executed the 20 _;
day of . at_; o'clock _.M. by delivered/mailingto the within named at in County, Texas; in person,a true copy of this INSTRUMENT and $ tendering said witness the sum of .FEES-SUMMONS..... MILAGE( )
TITLE
000012 CAUSB NO. J-2790
IN THE MATTER OP * IN THE JUVENILE
* COURT OF A CHILD * BASTROP COUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED TO SUMMON:
TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the October 28, 2014, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations of the Petition to Modify filed and attached hereto in which said child aforesaid
- alleged to have engaged in delinquent conduct/conduct indicating a need for supervision; () is () is alleged to have violated the Court's considerations of Probation and this hearing is to determine whether above named child should be committed to the Texas Youth Commission. () to settle matters conceming an order of Restitution. (X) to settle matters conceming Motion to Modify Disposition. - () to settle matters conceming the Disposition.
A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian of theperson of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than S 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicatíng a need for supervision, A person who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the on this the 23rd day of October,2014.
SARAH LOUCKS, DISTRICT CLERK BA C TEXAS
duly esi d tting as a Juven le Cou in sai County.
000013 RETURN Came to hand the day of , 20_; at o'clock _.M. and executed the day of 20__; at . o'clock .M. by delivered/mailingto the within named at in County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of -
$ .FEES-SUMMONS..... MILA GE( ) TIRE TOTAL....................... S
000014 CAUSE NO.1-2790
A CHILD SERVED * °""T°'
BASTROP COUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE
TOANY PEACE OFFICER IN THE STATE OF TEXAS-GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON:
TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the October 28, 2014, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations ofthe Petition to Modify filed and attached hereto in which said child aforesaid
() alleged to have engaged in delinquent conduct/conduct indicating a need for supervision; is
() is alleged to have violated the Court's considerations of Probation and this hearing is to determine whether above named child should be committed to the Texas Youth Commission. () to settle matters concerning an order of Restitution. (X) to settle matters conceming Motion to Modify Disposition. () to settle matters concerning the Disposition.
A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, KATHY BROWN, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATURE AND OFFICIAL SEAL, on this the on this the 23rd day of October, 2014. Me F ID -cM-lj S'.DO gM SARA LOU KS, DISTRICT CLERK RT L 90 | Ar
duly de ignat an sitt g as a Juve ile Court said C unty. ( (LT -
000015 RETURN ÄLI Came to hand the Aday of ??( Á , 20$at /V.7/.V o'clock . and executed the2/‡¾day of 20þat få g¿J /~jf . o'clockg. by delivered/mailingto the within named M./ fy;-/ at in yfp'f//m / County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of $ .FEES-SUMMONS..... Trg« /// ryr MILAGE( ) j')//M•r Ñ.xA/Æg TITLE I
TOTAL.......................$
000016 CAUSS NO. J-2790
IN THE MATTER OF * IN THE JUVENILE * COURT OF A CHILD * BASTROP COUN Y, T XAS - S SUMMONS AND NOTICE TO SHOW CAUSE TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS:YOU ARE HEREBY CO SUMMON
TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the October 28, 2014, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations of the Petition to Modify filed and attached hereto in which said child aforesaid
() isalleged to have engaged in delinquent conduct/conduct indicating a need for supervision; () is alleged to have violated the Court's considerations of Probation and this hearing is to determine whether above named child should be committed to the Texas Youth Commission. () to settle matters concerning an orderof Restitution. (X) to settle matters conceming Motion to Modify Disposition. () to settle matters conceming the Disposition.
A copy of said petition is attached hereto. FURTHERif restitution or child support is requested in this case you are I commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code ( Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent ofa child, each managing and possessory conservator of a child, each court appointed custodian of a child, and guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) ofthe Texas a
Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, . - , ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the of October, on this the 23rd day 20 14.
SARAH LOUCKS, DISTRICT CLERK BA T C TEXAS
duly esig a e d tting as a Juven le Cou in sai County.
Filed m
NOV 10 2OR Sarah Louolts Oistrict Clerk, Bageggggunty RETURN Came to hand the f day of Ѿ , 20 at fa, o'clock _rÁM. and executed the day of . 20 • at o'clock _.M. by delivered/mailingto the within named at in County, Texas; in person,a true copy of this INSTRUMENT and tendering said witness the sum of $ .FEES-SUMMONS..... MILAGE( ) TITLE
FHed m
NOV 1 0 20 N Sarah Loucke District Gerk, Bas0 Ob&nty CAUSE NO. J-2790 IN THE MATTER OF * IN THE JUVENILE * COURT OF A CHILD * BASTROP SUMMONS AND NOTICE TO SHOW CAUSE COUNTY, TEXAS TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS: SUMMON: YOU ARE HEREBY COMMANDED TO
TO APPEAR IN PERSON before the Honorable Juvenile Court of Bastrop County, Texas, Second County Courthouse, in the City of Bastrop, Texas, on the April 21, 2015, at 8:30 Floor of Bastrop answer the allegations of the o'clock A.M.; THEN AND THERE to Original Petition/Motion to Transferfiled and attached hereto in which said child aforesaid 0 isalleged to have engaged in delinquent conduct/conduct indicating a need for supervision; 0 isalleged to have violated the Court's considerations of Probation and this hearing is to determine whether above named child should be committed to the Texas Youth O to settle matters concerning an order of Restitution. Commission. (x) to settle matters concerning Motion to Modify Disposition. () to settle matters concerning the Disposition.
A copy of said petition is attached hereto. FURTHERif restitution or child support is requested in commanded to appear in order to show cause this case you are why you should not be ordered to make Sect. 54.041 to the above restitution pursuant to Family Code victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable. Each parent of a child, each managing and possessory conservator of a child, each court appointed and a guardian of the person custodian of a child, of a child is required to attend the hearing in accordance Family Code. A person who receives the notice with Section 51.115(a) of the Texas of the hearing, and who fails to attend the hearing Court for contempt by a fine of not less may be punished by the than $ 100.00 and not more than the Court may order the person to $1000.00. In addition to or in lieu of contempt, receive counseling or to attend an educational of parents and skills and techniques in raising course on the duties and responsibilíties children.
YOU, KATHY BROWN, ARE HEREBY ORDEREDto bring, as set forth in this Summons, the child in entitled cause number to the hearing as the petition this above alleges the child engaged in delinquent need for supervision. A person who conduct/conduct indicating a violates this order may be proceeded against or contempt proceedings as set forth by the issuance of a writ of attachment in Section 53.08 and 54.07 of the Texas Family Code. HEREINFAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL of April, 2015. on this the 16th day SEAL, on this the
SA LOUCKS, DISTRICT CLERK BA T C , S
duly esi t and sit ° g as a SCANNED Juve ile Cour in said unty.
000019 RETURN Came to hand the day of ,20_; at o'clock _.M. and executed the day of . 20 __; at o'clock _.M. by delivered/mailingto the within named at in County, Texas; in person,a true copy of this INSTRUMENT and tendering said witness the sum of S .FEES-SUMMONS..... MILAGE( ) TITLE
000020 CAUSE NO. J-2790 IN THE MATTER OF * IN THE JUVENILE * COURT OF A CHILD * BASTROP SUMMONS AND NOTICE TO SHOW CAUSE COUNTY, TEXAS TO ANY PEACE OFFICERIN THE STATE OF SUMMON: TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED TO
CAMILLABROWN LAWRENCE
TO APPEAR IN PERSON before the HonorableJuvenileCourt of Bastrop County Courthouse, in the City of County, Texas, Second Floor of Bastrop answer the allegations Bastrop, Texas, on the April 21, 2015, at 8:30 o'clock A.M.; THEN AND THERE to of the Original Petition/Motion to Transfer filed and attached hereto in which said child aforesaid 0 alleged is to have engaged in delinquent conduct/conduct indícatinga need for supervision; 0 is alleged to have violated the Court's considerations this hearing is to determine of Probation and whether above named child should be committed to the Te×as Youth Comrnission. O to settle matters concerning an order of Restitution. (x) to settle matters concerning Motion to Modify Disposition. O to settle matters concerning the Disposition.
A copy of said petition is attached hereto. FURTHERif testitution or child commanded to appear in order to show cause support is requested in this case you are why you should not be ordered to make restitution Sect, 54.041 to the above pursuant to Family Code victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable. Each parent of a child, each managing and possessory conservator of a child, each court appointed and a guardian of the person of a child is required to attend the custodian of a child, hearing in accordance with Section Family Code. A person who receives the 51.115(a) of the Texas notice of the hearing, and who fails to attend Court for contempt by a fine of not less than the hearing may be punished by the S 100.00 and not more than the Court may order the person to $1000.00.In addition.to or in lieu of contempt, receive counseling or to attend an of parents and skills and techníques in raising educational course on the duties and responsibilities children.
YOU, CAMILLA BROWN LAWRENCE, ARE HEREBY ORDERED this above to bring, as set forth in this Summons, the child entitled cause number to the heating as the petition alleges in the child engaged in delinquent conduct/conduct indicating a need for supervision, A person who violates this order may be proceeded against attachment or contempt proceedings as set forth by the issuance of a writ of in Section 53.08 and 54.07 of the Texas Family Code. HEREIN FAIL NOT, but make due return of this writ. WITNESSBY SIGNATURE AND of April, 201S. on this the 16th day OFFICIAL SEAL, on this the
SARAH LOUCKS, DISTRICT CLERK S P Y
du esign ns ing as a SCANNED Ju nile Co in said ounty.
000021 RETURN Came to hand the day of , 20_; at o'clock _ .M. and executed the day of . 20_; at o'clock .M. by delivered/mailing to the within named at in County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of $ .FEES-SUMMONS..... MILAGE( )
I
\ \
\l I . 000022 CAUSE NO. J-2790
IN THE MATTER OF * IN THE JUVENILE * COURT OF A CHILD * BASTROP COUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS: YOU ARE HEREBY COMMANDED TO SUMMON:
JAMES PERTOLANITZ
TO APPEAR IN PERSON before the HonorableJuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the April 21, 2015, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations of the Original Petition/Motion to Transferfiled and attached hereto in which said child aforesaid
0 is alleged to have engaged in delinquent conduct/conduct indicating a need for supervision; 0 is alleged to have violated the Court's considerations of Probation and this hearing is to determine whether above named child should be committed to the Texas Youth Commission. O to settle matters concerning of Restitution. an order (x) to settle matters concerning Motion to Modify Disposition. O to settle matters concerning the Disposition.
A copy of said petition is attached hereto. FURTHER if restitution or child support is requested in this case you are commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian of the person of a child .is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, JAMES PERTOLANITZ, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a need for supervision. A person who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREIN FAIL NOT, but make due retum of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the of April, 2015. on this the 16th day
S OUCKS, DISTRICT CLERK S S
du Juv esi nile Co n nd in said s ng as ounty. a SCANNED
000023 RETURN Came to hand the day of ,20_; at o'clock .M. and executed the dãy of . 20_; at o'clock .M. by delivered/mailingto the within named at in County, Texas; in person,a true copy of this INSTRUMENTand tendering said witness the sum of S .FEES-SUMMONS..... MILAGE( )
000024 CAUSE NO. J-2790
IN THE MATTER OF * IN THE JUVENILE * COURT OF
A CHILD * BASTROP COUNTY, TEXAS SUMMONS AND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICER IN THE STATE OF TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED TO SUMMON:
TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the April 21, 2015, at 8:30 o'clock A.M.; THEN AND THERE to answer the allegations of the Original Petition/Motion to Transferfiled and attached hereto in which said child aforesaid
0 alleged to have engaged in delinquent conduct/conduct indicating need for supervision; is a
() is alleged to have violated the Court's considerations of Probation and this hearing is to determine whether above named child should be committed to the Texas Youth Commission. () to settle matters concerning an order of Restitution. (x) to settle matters concerning Motion to Modify Disposition. O to settle matters concerning the Disposition.
A copy of said petition is attached hereto. FURTHERif restitution or child support is requested in this case you are commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who fails to attend the hearing may be punished by the Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt, the Court may order the person to receive counseling or to attend an educational course on the duties and responsibilities of parents and skills and techniques in raising children.
YOU, ARE HEREBY ORDERED to bring, as set forth in this Summons, the child in this above entitled cause number to the hearing as the petition alleges the child engaged in delinquent conduct/conduct indicating a need for supervision. A pemon who violates this order may be proceeded against by the issuance of a writ of attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREINFAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the of April, 2015. on this the 16th day
SAR L, UC , DISTRICT CLERK BA T : S
duly Juve esign ile Cour t d
said si n unty. SCANNED
000025 of 20_; at o'clock _.M. and executed the day of Came to hand the day ,
.20_; at o'clock ,M. by delivered/mailingto the within at in named of this JNSTRUMENTand tendering said witness the sum of County, Texas; in person,a true copy $ .FEES-SUMMONS..... MIL AGE( ) TITLE
TOTAL.......--...-. $
000026 TA B 2 ( TW O)
JUD GEMENTS/ ORDERS NO. J-2790 IN THE MATTER OF X IN THE COUNTY COURT AT LAW
X BASTROP COUNTY, TEXAS
X SITTING AS A JUVENILE COURT
ADJUDICATION HEARING JUDGEMENT
ON THIS the day of cKl/2 G , 20.G, A.D., in this Court sitting as a Juvenile Court, there . •-
hearing for consideration ofthe matters in the above styled and numbered cause, wherein by proper petition the said is alleged to have engaged in CONDUCT INDICATING A NEED FOR SUPERVISlON.
The Court finds that said child was born on the i day of Jurie, 19.9..2, A.D.,
And after due notice had been served on all parties for the time required by law, came and appeared the petitioner by its Attorney and announced ready for such hearing. And thereupon also came the child, who appeared in person, with _hj: attomey, Forest Sanderson (appointed) also being present, with his mother, Camilla Brown Lawrence, also being present; and the child and his attorney having waived the ten (10) days for preparation for such hearing, and the right to a trial by jury, in writing; and all parties announced ready for such hearing; and thereupon the Court after hearing the pleadings ofall the parties and after hearing the evidence and closing argument of counsel, finds beyond a reasonable doubt that the following allegations in the petition filed hearing are true and supported by the evidence, to wit:
CHARGES OF CONDUCT INDICATING A NEED FOR SUPERVISION
Count One:
That on or about the 5* day of March, 2012 in the County of Bastrop, State of Texas, hereinafter called respondent, did then and there intentionally or knowingly cause the penetration orthe mouth of a pseudonym, a child who was th and there younger than fourteen years of age, by the respondent's sexual organ.
e re dent,
ITIS THEREFORE CONSIDERED AND ADJUDGED BY THE COURT THAT has engaged in conduct indicating a need for supervision whhin the meaning of Section 51.03, Title 3 ofthe Texas Family Code, and is so adjudged.
Furthermore, said child is ordered to comply with the below statements, when checked, and when the adjudication of delinquent conduct included a violation ofa penal law of the grade of felony or a jailable misdemeanor
( ) Affix your thumbprint with ink in the space provided on this Order.
( ) Submit to the taking of a recent photograph of yourself to be attached to this Order
o(E District Clerk, Eastrop county R:09fl004 Adjudication Hearing Judgement.dot
000001 NO.g
(N THEWIATTER OF X IN THE COUNTY COURT AT LAW
NUNC PRO TUNC ORDER REVOKING PROBATION
ON THIS the i day of Antil, A.D., 205, came on to be heard the written petition of the State of Texas by and tiuough its assistant district attomey of Bastrgp County, Texas, for revocation of the probation heretofore granted by this Cotut in this cause on the day of J.gn.ee, A.D., 20)2, wherein the said declared to have engaged in delinquent conduct/conduct indicating a s
need for supervision. The said child was placed under this Court and under its care, guidance, and control; the said child e jurisdiction of was placed on probation; and the reasonable and lawful tenns and conditions of said probation which were determined by the Court among other things provided:
I. Commitno offense against any law of the United States or any City, County, State or political subdivision thereof.
2. Report to your probation officer as requested at least once a month. 3. Permit the probation officer to visit you at home or elsewhere without restriction, reluctance, or delay. 4. Remain in Bastrop County, and receive prior permission from the probation office to leave the county, unless you are in the company of your parent/guardian. Receive permission from this Court prior to a change of residence or a leave from Texas.
5. Submit to urinalysis for assessment of substance abuse as directed by the juvenile probation office. 6. Do not associate with: a. persons, adult or juvenile, on probation or parole; b. the victim(s) of the offense(s) committed by you; c. the co-defendant(s) of the committed by you; offense(s) d. persons who associate with, or, persons who are members of a gang; e. persons who use or sell drugs; f. anyone not approved by your parent/guardian and the probation officer; and specifically· g.
7. Abstain from the use of and do not possess alcoholic beverages, intoxicating substances, ordmgs (unless used with your doctor's prescription).
8. Attend school regularly as scheduled, Obey all school mies and regulations and promptly report class absences to the probation office. 9. Pay Court appointed attomey fee $250.00 to the Bastrop Ceynty Juvenile Probation Department of Bastrop, County, Texas, by Januarv 21 2016. Payments in the amount of $22. 10. Pay court cost of S.20g this date to the pistrict Clerk of Ba2:og County, Texas.
11. Pay S JSB a month as a probation supervision fee by the 10th day of each month to the Probation Office of Bastrop County, Texas.
12. Satisfactorily perform Seventy-five (75) hours of personal services to the community by January 23, 20]§, as directed by the juvenile probation office.
13. Participate, cooperate and complete the educational intervention programs approved by the Juvenile Court as directed by the Juvenile Probation Office.
14. Compose an acceptable lener of apology to the victim(s) and present it to my probation officer for the purpose of mailing.
15. Your drivers license may be suspended or issuance of a license denied should the Court find you in violation of a condition of probation.
16. ReimburseS10.00 to the probation office in Bastrop County, Texas to defray the cost of processing each positiveurinelysis test.
SCANNED R: 01/2012 Distdet Clodt, Sastrop County
62 000002 NO.]-2790 NUNC PRO TUNC ORDER REVOKING PROBATION PAGE TWO 17. Do not possess any guns, knives, or any weapons ofany kind. 18. If applicable, submit to DNA testing as directed by the Juvenile Probation Department. 19. -icipate and complete the residential adolescent program at Pegasus School, INC., . . ..
ADJUDICATED SEX OPFENDER REQUIRMENTS: 1. Attend counseling provided by a registered sex 2. Submit to polygraph offender treatment provider. examinations if requested. 3. Register as a sex offender es established by Chapter 62, Code Program within ten days. of Criminal Procedure, Sex 4. Do not have contact Offender Registration with any person under 5. the age of 10, without Parent is responsible supervision of a responsible for any and all aduft, fees incurred for Sex Criminal Procedure. Offender Counseling and required by Chapter 62, Code 6. Submit to blood sample of of other specimen to the Criminal Procedure. Department of Public Safety as required by 7. Chapter 62. Code of Do not view or possess any materials 8. that would be considered Apply for and obtain a pomographic. driver's licenseor identification Article 62.065, Cod of card from the DPS Criminal Procedure. within thirty days of this order as required by and the Court having heard the evidence offered by the State of Texas probation the child violated and having considered the terms and conditions the same finds that thereof in the following within the period of said paniculars, to-wit: 19. d complete the residential adolescent program at Pegasus School, INC., A. , unsuccessfully discharged from Pegasus Flkli . And that the said violation of the conditions of his probation elTect. as aforesaid were committed while the said probation was in full force and
The Court finds it is in the community's and the child's best reasons: interest for the Respondent to be placed outside his home for the following a. To deter any further anti-social conduct. b. To establish proper supervision for the Child. c. For the protection and the well-being of the Child and the d. Child needs to be held community, accountable for his offenses.
'The Court finds the following reasonable efforts have from his home and to make been made to prevent it possible for thechild to or eliminate the need retum to his home: for the child to be removed
1. Attend participate and complete the Residential 2. Adolescent Sex Offender Program Electronic Monitoring at Pegasus 3. Cen-Tex Anger Management Program provided by Dr. 4. Outpatient Sex Offender Jil1Flores Counseling with John MorrisLSOTP
-y R: 01ß012
63 000003 NUNC PRO TUNC NO. J-2790 ORDER REVOKING PROBATION PAGE FOUR
The court fmther finds that the childis in need of rehabilitation, and that the protection of the public and the child requires that disposition be made. The court also (mds that the best interest of the child and the best interest of society will be served by placing the child outside his home and committing the child to the care, custody and control ofthe Texas Juvenile Justice Department, for the following reasons·
a. To deter any further anti-social conduct. b. To establish proper supervision for the Child. c. - Forthe protection and the well-being ofthe Child and the community. I d. Child needs to be held accountable for his offenses. I
The Court finds the child, in the child's home, cannot be provided the quality of care and level of support and supervision that the child needs to meet the conditions to reside in a community or residential facility. The court finds that the child has been removed from his home and the Court approves the removal.
IT IS THEREFOREORDERED,ADJUDGED, AND DECREED THAT THE PROBATION heretofore granted to the child in this cause is hereby revoked; that the finding of delinquent conduct heretofore made in this cause is made finaL The said child is
hereby committed to the care, custody and control of the Texas Juvenile Justice Department in accordance with Human Resources Code, Chapter 61. The child is ordered placed in custody of the County Juvenile Probation Department pending transportation to the proper Texas Juvenile Justice Deparanent facility.
° The Court finds that Camilla (BIpssum) Lqwrença the mother responsible for supporting After no e illa (Bjessum) Lawrence given reasonable opportunity to be heard conceming her ability to pay for the support of while is
committed to the Texas Juvenile Justice Department.
Ilie Court finds Camilla (Blossuni) Lawrence js gþJIe to make payments for the support -Blt is ordered that Camilla 1 Lawrence make payment to the Texas Juvenile Justice Department for de ral Revenue fund for the support og Lin the amount of 520.00 on the first day of each gigngh while is committed to the Texas Juvenile Justice
The Court acknowledges outstanding fees in the following amounts:
Supervision S 0ß.0 Restitution S 9200 Attomey S .QM
The Court hereby waives said fees, .0..92.
111e Court further acknowledges incomplete comniunity service restitution in the amount of hours. The Court hereby waives these hours.
The Court finds as the following educational needs:
Child must continue his education at the Texas Juvenile Justice Department.
R: 01/1012
000004 NUNC PRO TUNC NO. J-2790 ORDER REVOKING PROBATION PAGE FIVE
The disposition ordered herein addresses educational needs in the following manner Child must continue his educar Ion at Texar .htvenile .Iustice Department
The Clerk of the Court will famish the child a copy of this order taking his/herreceipt therefore.
SIGNED AND ENTERED ON THIS TRE 2.È day of Agrij, 20)J A.D.
ty omtytÎ.aw Baptrop County, Texas Duly Designed and Sining as a Juvenile Court in said County
On entry of the above and foregoing Order, the Court notified the child and his/her parent or guardian of the child's right to appeal, of the child's right to representation by counsel on appeal and of the child's right to appoinanent of an attomey for appeal if an attomey cannot be obtained because of indigency, and the Court instructed the attomey for the child to advise the child and his parent, guardian, or guardian ad litem of the child's right to appeal, of the child's right to appointment of an attomey for appeal if an attomey cannot be obtained because of indigence. The attomey was fmther instmoted that if the child, and his parent, guardian, or guardian ad litem expressed a desire to appeal, the attomey shall file a notice of appeal with is Court and inform this Court whether or not he will
handle the appeal.
Juv ile Court Judge
On this the i day of April, 20 g, A.D., a twe, correct and complete copy of the above and foregoing Order Revoking Pobation (including any instrument attached thereto) was fumished to the child.
Juvenile Court erk
FILED M DA ' ·
Distrkd Clodt, 888tt0P M R: 01ß012
000005 TAB 3 (THREE)
TX FAMILY CODE 53.06 § 53.06. Summons, TX FAMILY § 53.06
Vernon's Texas Statutes and Codes Annotated Family Code (Refs & Annos) Title 3. Juvenile Justice Code (Refs & Annos) Chapter 53. Proceedings Prior to Judicial Proceedings
V.T.C.A., Family Code § 53.06
§ 53.06. Summons
Currentness
(a) The juvenilecourt shall direct issuance of a summons to:
(1) the child named in the petition;
(2) the child's parent, guardian, or custodian;
(3) the child's guardian ad litem; and
(4) any other person who appears to the court to be a proper or necessary party to the proceeding.
(b) The summons must require the persons served to appear before the court at the time set to answer the allegations of the petition. A copy of the petition must accompany the summons.
(c) The court may endorse on the summons an order directing the person having the physical custody or control of the child to
bring the child to the hearing. A person who violates an order entered under this subsection may be proceeded against under
Section 53.08 or 54.07 of this code.
(d) If it appears from an affidavit filed or from swom testimony before the court that immediate detention of the child is warranted under Section 53.02(b) of this code, the court may endorse on the summons an order that a law-enforcement officer
shall serve the summons and shall immediately take the child into custody and bring him before the court.
(e) A party, other than the child, may waive service of summons by written stipulation or by voluntary appearance at the hearing.
Credits Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973. Amended by Acts 1995, 74th Leg., ch. 262, § 29, eff. Jan. 1, 1996.
Notes of Decisions (96)
V. T. C. A., Family Code § 53.06, TX FAMILY § 53.06
WesttawNext'©2015 Thomson Reuters. No claim to original U.S. GovemmentWorks. 0000011 § 53.06. Summons, TX FAMILY § 53.06
of the 2015 Regular Session of the 84th Legislature Current through the end
original U.S. Govemment Works. © 3015 Thomson Reuters. No claim to End of Document
WestlawNext'©2015 Thomson Reuters. No claim to original U.S. GovemmentWorks. 000002 2 TAB 4 (FOUR)
OMITTED SUMMONS FOR JAMES PERTOLANITZ SERV CAUSE NO. J-2790
COURT OF
A CHILD * BASTROP COUNTY, TEXAS SUMMONSAND NOTICE TO SHOW CAUSE
TO ANY PEACE OFFICERIN THE STATE OF TEXAS--GREETINGS:YOU ARE HEREBY COMMANDED TO SUMMON:
TO APPEAR IN PERSON before the Honorable JuvenileCourt of Bastrop County, Texas, Second Floor of Bastrop County Courthouse, in the City of Bastrop, Texas, on the June 05, 2012, at 8:30 o'clock A.M.; THEN AND THEREto answer the allegations of the Original Petition/Motionto Transferfiled and attached hereto in which said child aforesaid
(X) is alleged to have engaged in delinquent conduct/conduct indicating a need for supervision; O is alleged to have violated the Court's considerations of Probation and this hearing is to determine whether above named child should be committed to the Texas Youth Commission. O to settle matters concerning an order of Restitution. () to settle matters concerning Motion to Modify Disposition. () to settle matters concerning the Disposition.
A copy of said petition attached hereto. FURTHER if restitution or child support is requested in this case you are is commanded to appear in order to show cause why you should not be ordered to make restitution pursuant to Family Code Sect. 54.041 to the above victim(s) in the aforesaid offense(s) listed within said Petition or pay child support, if applicable.
Each parent of a child, each managing and possessory conservator of a child, each court appointed custodian of a child, and a guardian of the person of a child is required to attend the hearing in accordance with Section 51.115(a) of the Texas Family Code. A person who receives the notice of the hearing, and who faits to attend the hearing may be punished by the Court for contempt by a fine of not less than $ 100.00 and not more than $1000.00. In addition to or in lieu of contempt, duties and responsibilities the Court may order the person to receive counseling or to attend an educational course on the of parents and skills and techniques in raising children.
YOU, JAMES PERTOLANITZ, ARE HEREBY ORDEREDto bring, as set forth in this Summons, the child in this engaged delinquent conduct/conduct above entitled cause number to the hearing as the petition alleges the child in issuance of a writ of indicating a need for supervision. A person who violates this order may be proceeded against by the attachment or contempt proceedings as set forth in Section 53.08 and 54.07 of the Texas Family Code.
HEREIN FAIL NOT, but make due return of this writ. WITNESS BY SIGNATUREAND OFFICIAL SEAL, on this the
SA LOUCKS, DISTRICT CLERK COUN TEXAS ,
duly designated and sitting a
Juvenile Court in said Cou .
Sarah Loucks /./7. fe °""fot cies, wa, 000001 \
RETURN Came to hand the day of RO- , 2 at jT DÇ o'clock .M. and executed the day of ph. ( . 20 at M1 o'clock .M. by delivered/maili to the within named To. perkk 2. at at in County, Texas; in pelson,a true copy of this INSTRUMENT and tendering sa witness the sum of $ .FEES-SUMMONS..... MILAGE( ) Terry Pickering, wheriff TITLE
000002
in the Matter of C. P. (in the Matter of C. P.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.