Summaries of Civil Opinions and Published Criminal Opinions Issued – Week of July 13, 2009

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 Jerry F.,   No. 02-09-00180-CV    (July 10, 2009)   (Cayce, C.J., joined by Dixon W. Holman, J. (Senior Justice, Retired, Sitting by Assignment); Livingston, J., dissents with opinion).  [Note: Both opinions are at the same link in one document.]

Held:   Requested relief denied.

Dissent:   This mandamus proceeding relates to the trial court’s recent failure to grant Relator’s habeas request in light of In re D.M.F., 283 S.W.3d 124 (Tex. App.—Fort Worth 2009, pet. filed) (op. on reh’g) (reversing trial court’s decision to terminate Relator’s parental rights and give custody to the foster parents). The majority fails to implement the parties’ joint request to abate this mandamus proceeding for a short period of time to give them an opportunity to mediate their disagreements regarding the child, even though Relator dismissed his enforcement motion in the underlying direct appeal in good faith and in reliance on the parties’ agreement to mediate. Because the underlying appeal was accelerated, mandate could have been issued early. See Tex. R. App. P. 18.6, 24.2(a)(4).

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