IN THE
TENTH COURT OF APPEALS
No. 10-14-00206-CV
IN THE MATTER OF THE MARRIAGE OF
KENNETH BEAIRD AND ELIZABETH BEAIRD
From the 13th District Court
Navarro County, Texas
Trial Court No. D12-21779-CV
ABATEMENT ORDER
Appellant Elizabeth Beaird is appealing from the final decree of divorce between
her and Appellee Kenneth Beaird. Kenneth filed a motion to disqualify Elizabeth’s
appellate counsel, Joe Izen, Jr. We granted the motion to disqualify and dismissed as
moot all other pending motions, including Kenneth’s first amended motion to show
authority.
In his first amended motion to show authority, Kenneth stated, however, that
Elizabeth is in a nursing home and unable to retain counsel to conduct an appeal.1 It
therefore appears that Elizabeth is incapacitated and may need the appointment of a
1 In the trial court, Afton Jane Izen filed a motion to appoint a guardian ad litem in which she asserted
that Elizabeth suffers from Huntington’s disease, which renders her mentally incapacitated.
guardian, and/or a guardian ad litem, and/or an attorney ad litem, if one has not yet
been appointed.
Accordingly, this appeal is abated to the trial court to hold a hearing within 28
days from the date of this Order to determine whether Elizabeth requires the
appointment of a guardian, and/or a guardian ad litem, and/or an attorney ad litem,
and, if so, to appoint a guardian, and/or guardian ad litem, and/or attorney ad litem (if
one has not yet been appointed) for the purpose of representing her in this appeal.
The trial court clerk and court reporter shall file supplemental records within 35
days after the date of this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed April 16, 2015
Do not publish
In re Marriage of Beaird Page 2