Standing based on statute vs. standing as a common-law doctrine

Standing is a general principle of law governing who may bring and maintain a lawsuit. As a general rule, it is rooted in the state's common law as reflected in appellate judicial decisions (case law precedents); but it can also be defined by statute, as is true in the case of child custody proceedings. Where the statute applies, the statutory standing requirements will be followed.

STANDING DEFINED:

Standing is a component of subject-matter jurisdiction. City of Heath v. Duncan, 152 S.W.3d 147, 150 (Tex. App.-Dallas 2004, pet. denied). As such, it cannot be waived and can be raised for the first time on appeal. Mazon Assocs., Inc. v. Comerica Bank, 195 S.W.3d 800, 803 (Tex. App.-Dallas 2006, no pet.). When we consider the issue of standing for the first time on appeal, we construe the petition in favor of the plaintiff and, if necessary, review the entire record to determine whether any evidence supports standing. Id. At common law, “[t]he issue of standing focuses on whether a party has a sufficient relationship with the lawsuit so as to have a justiciable interest in the outcome.” Henderson Edwards Wilson, L.L.P. v. Toledo, 244 S.W.3d 851, 853 (Tex. App.-Dallas 2008, no pet.).

Alternatively, a statute may confer standing on a plaintiff, in which case the statute itself provides the framework for the standing analysis. Mazon Assocs., Inc., 195 S.W.3d at 803.

SOURCE: Appellate opinion by the Dallas Court of Appeals in 05-07-01712-CV (grandparents lacked standing to bring suit for clarification of divorce decree provision governing college expenses) ("We conclude that section 157.421 confers standing to seek clarification only on persons that are parties to the order that is to be clarified or parties to the proceeding in which that order was signed. Grandparents do not allege that they satisfy either criterion, nor does anything in the record show that they satisfy them. Thus, we conclude that they did not have standing to seek clarification. We vacate the trial court's order insofar as it rules on their requests for clarification and dismiss this action as to them.")