Legal Opinion

In Re Office of the Attorney General of Texas

Court of Appeals of Texas

Decided January 25, 2007No. 2-06-364-CVPublishedCited by 56 opinions

1Opinion of the Court

OPINION

BOB McCOY, Justice.

I. INTRODUCTION

Relator The Office of the Attorney General of Texas seeks mandamus relief from the district court’s dismissal, on double jeopardy grounds, of the OAG’s appeal of the associate judge’s order in a child support enforcement action. We hold that the dismissal was an abuse - of discretion because the associate judge’s order was not a final order, so the original jeopardy was never terminated. We conditionally grant the petition for writ of mandamus.

II. BACKGROUND

The OAG filed a motion for enforcement against real party in interest James McClendon seeking…

2Cases cited14 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Lehmann v. Har-Con Corp.Texas Supreme Court · 2001
  4. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  5. Brown v. OhioSupreme Court of the United States · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Glassman v. Goodfriend, Texas Court of Appeals, 14th District (Houston)2011
  2. In re FitzgeraldCourt of Appeals of Texas · 2014
  3. In the Interest of C.N.Court of Appeals of Texas · 2010
  4. Beeler v. Fuqua, Texas Court of Appeals, 8th District (El Paso)2011
  5. Cline v. ClineCourt of Appeals of Texas · 2018

51 more not listed; retrieve them via the Exa API.

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