Longoria v. Longoria

1 Petitioner asserts that this Court has jurisdiction under subdivisions 2 and 3 of Article 1728, Vernon’s Ann. Texas Civ. Stats. As this is a divorce case, jurisdiction cannot be based upon subdivision 3 upon the assertion that the construction or validity of statutes necessary to a determination of the case is involved, State of Texas v. Wynn, 157 Texas 200, 301 S.W. 2d 76, but must be predicated upon subdivision 2 relating to a conflict of decisions. Cone v. Cone, 153 Texas 149, 266 S.W. 2d 860.

Complaint is made of the Court of Civil Appeals’ action in entering an order requiring…