| DOMESTIC RELATIONS LAW | SAPCR AND MATRIMONIAL LAW ISSUES | CHILD WELFARE SUITS 2008 Texas Supreme Court Opinions in Family Law Cases The Texas Supreme Court has jurisdiction in civil matters and is the court of last resort (unless a federal constitutional issue provides grounds for a cert petition in the U.S. Supreme Court.) The Texas Court hears cases as original proceedings (mandamus, habeas corpus) and appeals from family law cases and juvenile proceedings, which fall under the Family Code even though they involve criminal conduct. Like the U.S. Supreme Court, the Texas Supreme Court has discretion in deciding which cases to accept for consideration and decision on the merits. Its involvement in this area of law has historically been limited. Parental rights termination and contempt cases figure most prominently. Grandparents' rights have also been addressed a few of times. The most noted decision in 2008 was the Supreme Court's denial of mandamus relief sought by CPS to overturn the decision of the Third Court of Appeals requiring return of the FLDS children to their mothers. Mandamus denial does not usually entail an opinion. In this highly publicized and controversial case, however, the Court issued an opinion, and did so per curiam, even though several justices disagreed and set forth the reasons in a signed dissenting opinion. A key question raised by a number of cases, in which the Court has so far eschewed a definitive answer, is the constitutionality of Family Code provision that requires parents whose rights have been terminated to file a statement of points in the trial court within a short time span in order to preserve their right to appeal. [UPDATE: see In Interest of JOA, No. 08-0379 (Tex. May 1, 2009) (Medina)(termination of parental rights appeal, constitutionality of statement of points requirement for appeal)] The list below presents cases decided in 2009 and 2008 in reverse chronological order of decision date. It includes dispositions of petitions for review in appeals from final judgments and interlocutory orders, and mandamus proceedings decided with opinions. Adverse decisions without opinion (Denials of petitions) were omitted. Also see --> Texas Supreme Court Opinions in other areas of law and practice 2009 TEXAS SUPREME COURT FAMILY LAW DECISIONS Also see --> Termination of Parental Rights Appeals Holmes v. Beatty, No. 07-0784 (Tex. Jun. 26, 2009)(Jefferson)(probate law, right to survivorship accounts, community property survivorship agreement) HARRY HOLMES, II, INDEPENDENT EXECUTOR OF THE ESTATE OF THOMAS J. HOLMES, SR., DECEASED AND AS TRUSTEE OF ANY TRUST NAMED AS A LEGATEE IN THE WILL OF THOMAS J. HOLMES, SR., DECEASED v. DOUGLAS G. BEATTY, INDEPENDENT EXECUTOR OF THE ESTATE OF KATHRYN V. HOLMES, DECEASED; from Harris County; 14th district (14-03-00663-CV, 233 SW3d 475, 08-14-07) | Electronic briefs in Holmes v. Beatty No. 07-0784 (Tex. 2009) TEXAS SUPREME COURT APPROVES SERVICE OF AMENDED PETITION SEEKING MORE DRASTIC RELIEF BY CERTIFIED MAIL ON RESPONDENT IN SAPCR MODIFICATION PROCEEDING WHO HAD BEEN SERVED, BUT HAD NOT ANSWERED (RATHER THAN REQUIRING SERVICE OF THE PLEADING ATTACHED TO A SECOND CITATION TO SUPPORT DEFAULT JUDGMENT). In the Interest of E.A., No. 08-0157 (Tex. Jun. 5, 2009)(Jefferson) (method of service of amended petition, sufficiency of service by certified mail under rule 21a when Defendant has been served with civil process, but has not filed an answer or made appearance)(SAPCR modification proceeding brought within one year of final order in underlying child custody suit). Justice Scott A. Brister delivered a concurring opinion, in which Justice Wainwright and Justice Willett joined. (default judgment not to be based on amended petition seeking more onerous relief against nonanswering defendant if not served with new citation) Hagen v. Hagen, No. 07-1065 (Tex. May 1 2009)(Johnson) (family law, divorce decree, postjudgment clarification order, retirement disability benefits division, res judicata, relitigation) RAOUL HAGEN v. DORIS J. HAGEN; from Bexar County; 4th district (04-06-00705-CV, ___ SW3d ___, 08- 01-07) The Court reverses the court of appeals' judgment and affirms the trial court's judgment. Justice Johnson delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, Justice Green, and Justice Willett joined. Justice Brister delivered a dissenting opinion, in which Justice O'Neill and Justice Medina joined. CONSTITUTIONALITY OF SPECIAL REQUIREMENTS IN PARENTAL RIGHTS TERMINATION APPEAL In Interest of JOA, No. 08-0379 (Tex. May 1, 2009)(Medina)(termination of parental rights appeal, constitutionality of statement of points requirement for appeal) IN THE INTEREST OF J.O.A., T.J.A.M., T.J.M., AND C.T.M., CHILDREN; from Collingsworth County; 7th district (07-07-00042-CV, 262 SW3d 7, 02-25-08) The Court modifies the court of appeals' judgment, affirms the judgment as modified, and remands the case to the trial court. Justice Medina delivered the opinion of the Court. Justice Willett delivered a concurring opinion. In re Coppock, No. 08-0093 (Tex. 2009)(O'Neill) (contempt in divorce case overturned by habeas corpus) IN RE GAYLE E. COPPOCK; from Denton County; 2nd district (02-07-00427-CV, ___ SW3d ___, 01-04-08) The Court grants the petition for writ of habeas corpus and sets aside the order of contempt. Justice O'Neill delivered the opinion of the Court. 2008 TEX. SUP. CT DECISIONS IN THE AREAS OF FAMILY LAW, CHILD PROTECTION AND JUVENILE ADJUDICATION In Interest of SKA, MA, and SA, No. 07-1045 (Tex. July 25, 2008)(per curiam denial) (constitutionality of Texas Family Code section 263.4059(i) not decided) IN THE INTEREST OF S.K.A., M.A. AND S.A., CHILDREN; from Gregg County; 6th district (06-07-00003-CV, 236 SW3d 875, 10-17-07) 2 petitions Per Curiam Opinion In Interest of KW and MA, No. 08-0254 (Tex. July 25, 2008)(per curiam)(termination of parental rights) IN THE INTEREST OF K.W. & M.A., CHILDREN; from Tarrant County; 2nd district (02-06-00461-CV, ___ SW3d ___, 02-28-08) Per Curiam Opinion In Interest of DW, TW, and SG, No. 08-0258 (Tex. July 25, 2008)(per curiam) (termination) IN THE INTEREST OF D.W., T.W. AND S.G., CHILDREN; from Tarrant County; 2nd district (02-06-00191-CV, 249 SW3d 625, 02-19-08) Per Curiam Opinion In Interest of JJ, No. 08-0299 (Tex. July 25, 2008)(per curiam) (termination) IN THE INTEREST OF J.J., A CHILD; from Tarrant County; 2nd district (02-06-00333-CV, ___ SW3d ___, 03-06-08) 2 petitions Per Curiam Opinion In Interest of DF, No. 08-0378 (Tex. 25, 2008)(per curiam)(termination) IN THE INTEREST OF D.F., A CHILD; from Tarrant County; 2nd district (02-07-00056-CV, ___ SW3d ___, 03-27-08) Per Curiam Opinion In Re Zandi, No. 070919 (Tex. May 30, 2008)(per curiam) (child support contempt, habeas corpus granted) IN RE REZA ZANDI; from Denton County; 2nd district (02-07-00348-CV, ___ S.W.3d ___, 10-18-07) Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the petition for writ of habeas corpus is granted and relator is ordered discharged. Per Curiam Opinion In re TDFPS (CPS), No. 08-0391 (Tex. May 29, 2008)(per curiam) (CPS case against FLDS sect) IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district (03-08-00235-CV, ___ S.W.3d ___, 05-22-08) motion for emergency relief denied Per Curiam Opinion Justice O'Neill delivered an opinion concurring in part and dissenting in part, in which Justice Johnson and Justice Willett joined. In re Texas DFPS (CPS), No. 08-0403 (Tex. May 29, 2008)(per curiam) (CPS mass custody case) IN RE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; from Schleicher County; 3rd district (03-08-00298-CV, ___ S.W.3d ___, 05-22-08) motion for emergency relief denied motion to exceed page limit granted Per Curiam Opinion Justice O'Neill, joined by Justice Johnson and Justice Willett, concurring in part and dissenting in part for the reasons explained in Justice O'Neill's separate opinion in No. 08-0391. In Interest of KCB, a Child, No. 07-1068 (Tex. Apr. 18, 2008) (per curiam) (right to appeal in termination of parental rights case, procedural requisites for appeal) IN THE INTEREST OF K.C.B., A CHILD; from Collingsworth County; 7th district (07-07-00032-CV, 240 S.W. 3d 454, 10-11-07) motion to request trial transcript denied Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. In the Matter of H.V., No. 06-0005 (Tex. Apr. 11, 2008)(Brister) (juvenile law, Miranda warning, requirements for effective invocation of right to counsel, suppression of confession, exclusion of evidence) IN THE MATTER OF H.V.; from Tarrant County; 2nd district (02-04-00029-CV, 179 S.W.3d 746, 11-17-05) The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Brister delivered the opinion of the Court, in which Justice O'Neill, Justice Medina, Justice Johnson, and Justice Willett joined. Chief Justice Jefferson delivered an opinion concurring in part and dissenting in part, in which Justice Wainwright and Justice Green joined, and in which Justice Hecht joined as to Parts I, III, and V. Chu v. Hong, No. 06-0127 (Tex. Mar. 28, 2008)(Brister)(family law, divorce, property transfer to third parties, fraud on community by spouse not actionable as independent tort, no double recovery) WILLIAM CHU v. CHONG HUI HONG; from Tarrant County; 2nd district (02-04-00279 CV, 185 S.W.3d 507, 10-20-05) The Court reverses the court of appeals' judgment and renders judgment. Justice Brister delivered the opinion of the Court. Alfonso v. Skadden, No. 07-0321 (Tex. Mar. 28, 2008)(per curiam) (child custody jurisdiction, international family law, service of citation by publication) ANA MARIA TARQUIS ALFONSO v. MICHAEL SKADDEN; from Harris County; 14th district (14-05-00489- CV & 14-05-00488-CV, ___ S.W.3d ___, 03-06-07) motion to strike reply brief dismissed as moot Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. In the Interest of D.N.C. (Tex. Mar. 8, 2008)(child protection, DFPS suit, termination of parental rights, natural parent presumption, award to conservatorship to child protection agency properly reversed along with termination of parental rights in the absence of independent basis for rebutting parental presumption) 07-0621 IN THE INTEREST OF D.N.C., A CHILD; from Harris County; 1st district (01-04-01232-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0622 IN THE INTEREST OF T.L.J. AND T.B.J., CHILDREN; from Harris County; 1st district (01-04-01233- CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0623 IN THE INTEREST OF T.J.C. AND T.D.C., CHILDREN; from Harris County; 1st district (01-05- 00124-CV, 227 S.W.3d 799, 12/21/06) — consolidated with — 07-0624 IN THE INTEREST OF E.D.C., A CHILD; from Harris County; 1st district (01-05-00126-CV, 227 S. W.3d 799, 12/21/06) — consolidated with — 07-0625 IN THE INTEREST OF J.D.M., A CHILD; from Harris County; 1st district (01-05-00127-CV, 227 S. W.3d 799, 12/21/06) |
2008-09 TEXAS SUPREME COURT FAMILY
LAW CASES DECIDED WITH OPINIONS
LAW CASES DECIDED WITH OPINIONS