Legal Opinion

in Re Elizabeth Harper

Texas Court of Appeals, 10th District (Waco)

Decided October 26, 2016No. 10-16-00156-CVPublished

1Opinion of the Court

IN THE TENTH COURT OF APPEALS No. 10-16-00156-CV IN RE ELIZABETH HARPER Original Proceeding MEMORANDUM OPINION Relator Elizabeth Harper seeks mandamus relief pertaining to the trial court’s denial of her plea to the jurisdiction in the underlying original SAPCR filed by Dawn and Michael Caldwell.1 Harper’s plea to the jurisdiction alleges that the Caldwells lack standing under Family Code subsection 102.003(a)(9), which provides that an original suit may be filed at any time by “a person, other than a foster parent, who has had actual care, control, and possession of the child for at least…

2Cases cited9 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. In Re DerzapfTexas Supreme Court · 2007
  4. Geary v. PeavyTexas Supreme Court · 1994
  5. In Re State Bar of TexasTexas Supreme Court · 2003

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