Saturday, July 25, 2009

HOUSTON: Grandparent-Parent Disputes - Appellate Caselaw


Houston Courts of Appeals

In re Kevin J. Smith, No. 14-08-00164-CV , ___ S.W.3d ___ (Tex.App.- Houston [14th Dist.] July 3, 2008)(Frost) (SAPCR, grandparent access mandamus denied, standing requirement for access satisfied)

Taylor v. Taylor, No. 01-07-00571-CV, 254 S.W.3d 527 (Tex.App.- Houston [1st Dist.] March 20, 2008)
(grandparent vs. parent SAPCR jury trial, judgment on jury verdict reversed, sanctions)

In re Collins, No. 14-07-00624-CV, 242 S.W.3d 837 (Tex.App.- Houston [14th Dist.] Dec 17, 2007)(amicus
attorney for deceased child, wrongful death suit, mandamus relief against temporary order)

In Interest of C.A.M.M., No. 14-06-00279-CV, 243 S.W.3d 211 (Tex.App.- Houston [14th Dist] October 30, 2007) (Guzman) (SAPCR, nonparent custody, grandparent must overcome presumption that parents act in best interest of child) Concurring Opinion by Justice Frost

Heiskell v. Kendrick (Tex.App.- Houston [14th Dist.] October 26, 2007)(Hedges)(SAPCR, grandparents)

Bolton v. Schultz, 14-05-00410-CV, 14-06-00102-CV (Tex.App.- Houston [14th Dist.] July 17,
2007)(Anderson)(SAPCR, intervention, adoption dispute)

Whitworth v. Whitworth, No. 01-04-01026-CV, 222 S.W.3d 616 (Tex.App.- Houston [1st Dist.] March 16, 2007, no pet.)(Hanks) (subst. opinion on rehearing)(family law, SAPCR, SMC, grandparents, standing to intervene) ("Based on our review of the evidence, we conclude that the trial court did not abuse its discretion in appointing Carol as the sole managing conservator after finding, by a preponderance of credible evidence, that appointing Tammy as a managing conservator would result in serious physical or emotional harm to K.C. See Brook, 881 S.W.2d at 298. We also hold that the trial court did not abuse its discretion in awarding Tammy less than standard possession.")

Monroe v. Alternatives in Motion, No. 01-05-01188-CV, 234 S.W.3d 56 (Tex.App.- Houston [1st Dist.] Feb. 22, 2007)(termination of parental rights affirmed, jury demand was not timely made)

In re Schoelpple, No. 14-06-01038-CV (Tex.App.- Houston [14th Dist.] February 13, 2007)(per curiam denial) (family law & litigation, SAPCR, grandparent access, effect of nonsuit on intervention)


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