Legal Opinion

In Re Powers

Texas Court of Appeals, 14th District (Houston)

Decided July 16, 1998No. 14-98-00392-CVPublishedCited by 11 opinions

1Opinion of the Court

OPINION

ANDERSON, Justice.

This mandamus proceeding involves the validity of temporary orders prescribing parental visitation rights to a child who never lived in Texas. The trial court signed the temporary orders in response to a motion to modify an agreed paternity decree. Relator, Susan Powers, contends the trial court clearly abused its discretion in signing the temporary orders and that such orders are partially void because the court lacked subject matter jurisdiction to determine visitation matters. We agree and conditionally grant the writ of mandamus.

BACKGROUND

Relator and the real…

2Cases cited5 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  3. In the Interest of S.A.V.Texas Supreme Court · 1992
  4. Edward Linn Heartfield v. Sharon Mary HeartfieldCourt of Appeals for the Fifth Circuit · 1985
  5. Little v. DaggettTexas Supreme Court · 1993

3Cited by11 opinions

  1. Tourneau Houston, Inc. v. Harris County Appraisal District, Texas Court of Appeals, 1st District (Houston)2000
  2. Kshatrya v. Texas Workforce Commission, Texas Court of Appeals, 5th District (Dallas)2003
  3. In Re Moreno, Texas Court of Appeals, 14th District (Houston)1999
  4. In Re Vernor, Texas Court of Appeals, 3rd District (Austin)2003
  5. City of Houston v. Clark, Texas Court of Appeals, 14th District (Houston)2008

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