in the Interest of Z.W.H., D.R.H., P.J.H., P.W.H., and G.M.H., Children

Court of Appeals of Texas

in the Interest of Z.W.H., D.R.H., P.J.H., P.W.H., and G.M.H., Children

143 S.W.3d 202, 2004 Tex. App. LEXIS 5370, 2004 WL 1355090

CourtCourt of Appeals of Texas

DecidedJune 16, 2004

Docket10-03-00304-CV

StatusPublished

This text of 143 S.W.3d 202 (in the Interest of Z.W.H., D.R.H., P.J.H., P.W.H., and G.M.H., Children) 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.

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in the Interest of Z.W.H., D.R.H., P.J.H., P.W.H., and G.M.H., Children, 143 S.W.3d 202, 2004 Tex. App. LEXIS 5370, 2004 WL 1355090 (Tex. Ct. App. 2004).

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Opinion

TOM GRAY, Chief Justice,

dissenting from denial of motion for rehearing.

In a separate order issued in this cause on this same date, we are granting the relief requested in the motion for rehearing by withdrawing our earlier judgment and correcting an alleged error in our original assessment of costs. I would not grant the relief requested in the motion for rehearing without first requesting a response. Tex.R.App. P. 49.2.

The Attorney General’s motion for rehearing asks us to reconsider our judgment assessing costs against the State when acting under Title IV-D. I have long been opposed to any effort to re-write, modify, or respond to arguments made in a motion for rehearing without requesting a response. Campbell v. State, 128 S.W.3d 662, 680 (Tex.App.-Waco 2004, order) (Gray, C.J., dissenting); see also T.C. & C. Real Estate Holding, Inc. v. Sherrod, No. 10-00-002-CV (Tex.App.-Waco Nov. 14, 2001, order) (Gray, J., dissenting) (not designated for publication); In re J.F.C., 57 S.W.3d 66, 76 (Tex.App.-Waco 2001) (Gray, J., dissenting), rev’d, 96 S.W.3d 256 (Tex.2002).

We should first request a response; and after giving the appellee a chance to respond, only then should we grant the relief requested. Because the majority does not, I respectfully dissent from the denial of the motion for rehearing.

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TOM GRAY, Chief Justice,

dissenting from denial of motion for rehearing.

In a separate order issued in this cause on this same date, we are granting the relief requested in the motion for rehearing by withdrawing our earlier judgment and correcting an alleged error in our original assessment of costs. I would not grant the relief requested in the motion for rehearing without first requesting a response. Tex.R.App. P. 49.2.

The Attorney General’s motion for rehearing asks us to reconsider our judgment assessing costs against the State when acting under Title IV-D. I have long been opposed to any effort to re-write, modify, or respond to arguments made in a motion for rehearing without requesting a response. Campbell v. State, 128 S.W.3d 662, 680 (Tex.App.-Waco 2004, order) (Gray, C.J., dissenting); see also T.C. & C. Real Estate Holding, Inc. v. Sherrod, No. 10-00-002-CV (Tex.App.-Waco Nov. 14, 2001, order) (Gray, J., dissenting) (not designated for publication); In re J.F.C., 57 S.W.3d 66, 76 (Tex.App.-Waco 2001) (Gray, J., dissenting), rev’d, 96 S.W.3d 256 (Tex.2002).

We should first request a response; and after giving the appellee a chance to respond, only then should we grant the relief requested. Because the majority does not, I respectfully dissent from the denial of the motion for rehearing.

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143 S.W.3d 202, 2004 Tex. App. LEXIS 5370, 2004 WL 1355090, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-zwh-drh-pjh-pwh-and-gmh-children-texapp-2004.

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