Legal Opinion · Concurring in part, dissenting in part
in the Interest of D.W., T.W., and S.G., Children
Texas Court of Appeals, 2nd District (Fort Worth)
Decided February 19, 2008No. 02-06-00191-CVPublished
1Concurring in part, dissenting in part
DISSENTING AND CONCURRING OPINION
JOHN CAYCE, Chief Justice.
I respectfully dissent to the majority’s dicta opinion holding that section 263.405© of the Texas Family Code violates the separation of powers clause of the Texas Constitution.1 I concur in the judgment only.
Generally, a reviewing court determines constitutional questions only when the court cannot resolve the issues on noncon-stitutional grounds.2 Betty’s only complaint on appeal concerning the trial court’s actions in this case is that the trial *649court abused its discretion by denying her section 263.401(b) motion for an extension…
2Cases cited28 opinions
- In the Interest of B.L.D.Texas Supreme Court · 2003
- Ruiz v. Conoco, Inc.Texas Supreme Court · 1994
- Armadillo Bail Bonds v. StateCourt of Criminal Appeals of Texas · 1991
- Sultan v. MathewTexas Supreme Court · 2005
- Doleac v. MichalsonCourt of Appeals for the Fifth Circuit · 2001
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