Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of August 15, 2016.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

In re G.P. & D.P., No. 02-16-00236-CV (Aug. 17, 2016) (orig. proceeding) (Livingston, C.J.; joined by Dauphinot and Gardner, JJ.).

Held:  The trial court abused its discretion by refusing to set a hearing and rule on a motion by relators—a child’s grandparents—to modify temporary orders.  The plain language of section 156.006 of the Texas Family Code limits the section’s applicability to the modification of a final order, not a temporary order.  Thus, the grandparents were not required to plead or prove one of the three grounds for modification under section 156.006.  Because there is no adequate remedy at law, relators are entitled to relief.

J. Fuentes Colleyville, L.P., d/b/a Gloria’s Rest. v. A.S., No. 02-15-00354-CV (Aug. 18, 2016) (Meier, J., joined by Walker and Sudderth, JJ.).

Held:  Appellants have no justiciable interest in A.S.’s friendly suit to obtain judicial approval of the settlements that she made with Hayter and Consumers.