Legal Opinion

In the Interest of C.M.D.

Court of Appeals of Texas

Decided June 25, 2009No. 14-08-00113-CVPublishedCited by 10 opinions

1Opinion of the Court

OPINION

LESLIE B. YATES, Justice.

Appellant LDS Family Services appeals the trial court’s sua sponte determination that section 161.002(b) of the Texas Family Code is unconstitutional under the Texas and United States Constitutions. Because we determine the trial court’s ruling is not supported by the evidence and circumstances of this case, we reverse and remand.

BACKGROUND

On October 19, 2007, LDS, a private adoption agency, brought an adoption petition regarding C.M.D., who was born in January 2007. The mother had submitted an affidavit of relinquishment of parental rights and provided another…

2Cases cited25 opinions

  1. Clinton v. JonesSupreme Court of the United States · 1997
  2. Lehr v. RobertsonSupreme Court of the United States · 1983
  3. Texas Workers' Compensation Commission v. GarciaTexas Supreme Court · 1995
  4. Walker v. GutierrezTexas Supreme Court · 2003
  5. M.O. Dental Lab v. RapeTexas Supreme Court · 2004

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3Cited by10 opinions

  1. in the Interest of J.M., Texas Court of Appeals, 4th District (San Antonio)2012
  2. In the Interest of E.R.Court of Appeals of Texas · 2011
  3. State v. RIVER FOREST DEVELOPMENT CO., Texas Court of Appeals, 1st District (Houston)2010
  4. In re C.T.C.Court of Appeals of Texas · 2012
  5. Alex Ray Fox v. State, Texas Court of Appeals, 7th District (Amarillo)2012

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