In Re KLV

109 S.W.3d 61, 2003 WL 21101288
CourtCourt of Appeals of Texas
DecidedMay 15, 2003
Docket2-02-252-CV
StatusPublished

This text of 109 S.W.3d 61 (In Re KLV) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re KLV, 109 S.W.3d 61, 2003 WL 21101288 (Tex. Ct. App. 2003).

Opinion

109 S.W.3d 61 (2003)

In the Interest of K.L.V. and K.J.V., Minor Children.

No. 2-02-252-CV.

Court of Appeals of Texas, Fort Worth.

May 15, 2003.

*63 Charles W. McGarry, Dallas, for Appellant.

Heather L. King, Fort Worth, Gregory & Conner, P.C., Mike Gregory, Denton, for Appellee.

Panel A: LIVINGSTON, DAUPHINOT, and HOLMAN JJ.

OPINION

TERRIE LIVINGSTON, Justice.

This case involves litigation that occurred in London, Norway, Nevada, and Texas since the summer of 1998 until the present, principally regarding custody of the parties' two children. In four points, Father contends that (1) the trial court erred in dismissing his cause for lack of personal and subject matter jurisdiction; (2) the trial court erred in enforcing a Nevada court order; (3) the trial court erred in awarding attorney's fees and travel expenses; and (4) the trial court erred in entering a second judgment awarding additional fees. Because Father failed to comply with Texas Family Code section 152.314, we dismiss the appeal for want of jurisdiction. See Tex. Fam.Code Ann. § 152.314 (Vernon 2002).

Factual Background

Father and Mother married on June 6, 1990 in Utah. Father is a United States citizen and Mother is a citizen of Norway. K.L.V. and K.J.V., their two children who are the subject of this appeal, were born in 1991 and 1995 in Ohio. Father and Mother divorced in Nevada in August of 1998. Both parents approved an extensive written agreement concerning the custody of the two children. Under the agreement, Mother then returned to her home in Norway with the children.

In February of 2000, Father filed a motion with a Nevada district court seeking physical custody of the children and asking it to hold Mother in contempt of court for failing to return the children to Nevada. The Nevada district court granted his motion on March 29, 2000.

In May of 2000, Father and his girlfriend met Mother and the children at a hotel in Norway to celebrate K.L.V.'s birthday. After dinner, Father took the children back to his hotel suite because he said he wanted to give them a surprise. When Mother later entered the room she discovered that Father had left with the children and taken them back to Texas, which was his new residence.

On October 25, 2000, the Nevada district court entered findings of fact and conclusions of law, which included the Nevada court exercising jurisdiction over the children until another court assumed jurisdiction and relieved it of its responsibility. The court further ordered the surrender of the children's passports and ordered them to remain in Texas, where Father was currently living, until another court assumed jurisdiction. Father then filed a Suit Affecting the Parent-Child Relationship (SAPCR) in Denton County, Texas on October 30, 2000.

Mother responded by filing a special appearance in which she argued that Texas lacked personal and subject matter jurisdiction over her. She also filed an answer to the SAPCR arguing that the Nevada district court order was unenforceable because it lacked personal and subject matter jurisdiction, and the court failed to make a determination under the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Convention").[1]

*64 On April 11, 2002, a divided Nevada Supreme Court issued a writ of mandamus holding that the child custody and visitation provisions of the divorce decree were void for want of subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It further held that the district court erred in failing to make a determination of the children's habitual residence under the Hague Convention. It then held, as a matter of law, that the children's habitual residence was Norway. Acting in accordance with the supreme court's decision, the Nevada district court then granted Mother temporary custody of the children so that she could transport them back to Norway.

Mother immediately filed the Nevada Supreme Court's decision in the Denton, Texas district court, where the SAPCR was pending, along with a motion for an emergency writ of attachment. On April 17, 2002, after taking judicial notice of the Nevada and a Norwegian court decision, the Denton district court entered an order granting Mother temporary custody of the children so that she could transport them back to Norway. The court also awarded Mother $25,060 plus interest in travel expenses, $20,359 plus interest in attorney's fees, and $81 plus interest in court costs. Father filed a motion for new trial, which the court denied.[2] This appeal follows.

Statutory Construction of § 152.314

Texas Family Code section 152.314, which is part of the UCCJEA, states that "[a]n appeal may be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases." Tex. Fam. Code Ann. § 152.314. Although this section could be read to mean that it is discretionary whether or not an appellant chooses to proceed with an appeal under expedited procedures, we read it otherwise. We conclude that the section leaves it to the discretion of the appellant whether to seek appellate review; however, if he chooses to file an appeal, then he must do so in accordance with expedited appellate procedures as in other civil cases. See id.

Statutory construction is a question of law. Johnson v. City of Fort Worth, 774 S.W.2d 653, 656 (Tex.1989); Holmans v. Transource Polymers, Inc., 914 S.W.2d 189, 191 (Tex.App.-Fort Worth 1995, writ denied). We construe a statute to give effect to the legislative intent. Tex. Gov't Code Ann. § 312.005 (Vernon 1998); Monsanto Co. v. Cornerstones Mun. Util. Dist., 865 S.W.2d 937, 939 (Tex.1993); Dallas Morning News Co. v. Bd. of Tr., 861 S.W.2d 532, 535 (Tex.App.-Dallas 1993, writ denied). A statute shall be liberally construed to achieve its purpose and to promote justice. Tex. Gov't Code Ann. § 312.006(a); City of Dallas v. Cornerstone Bank, N.A., 879 S.W.2d 264, 270 (Tex.App.-Dallas 1994, no writ).

When wording in a statute is ambiguous, we consult statutory construction rules and related legislative history. Dallas Morning News Co., 861 S.W.2d at 535. The general rules of statutory construction are as follows:

(1) The court must be governed by the rules of common sense; (2) the court must look to the intent of the legislature in enacting a statute; (3) the court must construe the statute as written, and if *65

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in the Interest of K.L v. and K.J v. Minor Children
109 S.W.3d 61 (Court of Appeals of Texas, 2003)

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Bluebook (online)
109 S.W.3d 61, 2003 WL 21101288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-klv-texapp-2003.