Christopher Michael Dupuy v. Heather Rene Williams

Opinion

Affirmed and Memorandum Majority and Concurring Opinions filed December 2, 2021.

In The

Fourteenth Court of Appeals

NO. 14-19-00463-CV

CHRISTOPHER MICHAEL DUPUY, Appellant

V.

HEATHER RENE WILLIAMS, Appellee

On Appeal from the 280th District Court Harris County, Texas Trial Court Cause No. 2019-18982

MEMORANDUM CONCURRING OPINION I concur in the judgment and join the opinion with the exception that the lengthy fact recitation is completely irrelevant to the issues presented on appeal.

This is a memorandum opinion that does not heed Texas Rule of Appellate Procedure 47.4 that states, “the court should write a brief memorandum opinion no longer than necessary to advise the parties of the court’s decision.” Tex. R. App. P. 47.4 (emphasis added). While I understand that the use of “should” is somewhere on the spectrum between the discretionary word “may” and the defined nondiscretionary words “shall” or “must” in the Rules,1 the court nonetheless has no reason to make these facts that are uncontested on appeal easily available to anyone who conducts an online search.

I do not question that the use of “should” allows the court to do what it has done. But I think the court should choose not to do so. The trial court ordered a lifetime protective order—I would grant appellee all the privacy and respect we legitimately can.

/s/ Charles A. Spain Justice

Panel consists of Justices Jewell, Spain, and Wilson (Jewell, J., majority).

1 Code Construction Act, Tex. Gov’t Code Ann. § 311.016 (“may” creates discretionary authority or grants permission or power, “shall” imposes a duty, and “must” creates or recognizes condition precedent); see Code Construction Act, Tex. Gov’t Code Ann § 311.002(4) (application of Act to rule adopted under code).