Legal Opinion · Dissent

In re B.V.

Court of Appeals of Texas

Decided October 28, 1982No. 2681cvPublished

1DissentGonzalez, Justice

I respectfully dissent. I do not agree with the majority that the missing elements on the pleading to waive jurisdiction can be supplied by another pleading. I would sustain appellant’s first ground of error and reverse and remand the case for a new trial.

This is an appeal in a juvenile case in which the juvenile court waived its jurisdiction over B.V., and transferred his case to the district court for criminal proceedings. The main issue is whether the petition to transfer was defective because it failed to comply with the mandatory provisions of § 53.04(d) Tex.Fam.Code (Supp.1981).

The…

2Cases cited4 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. W. L. C., Matter OfTexas Supreme Court · 1978
  3. Matter of H----S----, Jr.Court of Appeals of Texas · 1978
  4. W. H. C., Matter OfCourt of Appeals of Texas · 1979

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