Legal Opinion

In the Interest of M.B.D., a Child

Texas Court of Appeals, 6th District (Texarkana)

Decided May 6, 2011No. 06-10-00015-CVPublishedCited by 4 opinions

1Opinion of the Court

OPINION

Opinion by

Justice CARTER.

In this appeal we address whether the trial court erred in failing to admit evidence at a hearing on a motion for new trial following the trial court’s order on conservatorship and child support. We find that facts were alleged which, if true, would have entitled appellant mother to a new trial, and therefore the trial court was obligated to hear evidence. We reverse the trial court’s judgment and remand for an evidentiary hearing on the mother’s new trial motion.

I. Background

Sarah, the child the subject of this suit in the trial court, was bom to Jennifer and…

2Cases cited3 opinions

  1. Iliff v. IliffTexas Supreme Court · 2011
  2. Hensley v. SalinasTexas Supreme Court · 1979
  3. Davis v. State, Texas Court of Appeals, 10th District (Waco)2009

3Cited by4 opinions

  1. CHCA Bayshore, L.P.(as Successor in Interest to CHCA East Houston, L.P.) D/B/A East Houston Regional Medical Center and Pasadena Bayshore Hospital, Inc. (As Successor in Interest to Sunbelt Regional Medical Center, Inc.) v. Amy Ramos and Richard Ramos, Texas Court of Appeals, 1st District (Houston)2012
  2. In Re Mbd, Texas Court of Appeals, 6th District (Texarkana)2011
  3. in the Guardianship of Ruby Peterson, Texas Court of Appeals, 1st District (Houston)2015
  4. in the Interest of J. G. and J. G., Children, Texas Court of Appeals, 12th District (Tyler)2018

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