Stewart v. Rouse

Texas Supreme Court

Stewart v. Rouse

475 S.W.2d 574, 15 Tex. Sup. Ct. J. 146, 1972 Tex. LEXIS 207

CourtTexas Supreme Court

DecidedJanuary 5, 1972

DocketNo. B-2943

StatusPublished

Cited by4 cases

This text of 475 S.W.2d 574 (Stewart v. Rouse) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stewart v. Rouse, 475 S.W.2d 574, 15 Tex. Sup. Ct. J. 146, 1972 Tex. LEXIS 207 (Tex. 1972).

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Opinion

STEAKLEY, Justice.

This case involves the unhappy circumstances of six adopted children. Their natural mother, Petitioner here, instituted this proceeding on March 12, 1970, to set aside an adoption decree of March 25, 1965, approving adoption of the children by the maternal grandparents (the maternal grandfather died on April 12, 1970) and to obtain permanent custody of the children pursuant to the provisions of Section 7¹ of Article 46a, Vernon’s Annot.Civ.Stat. The parties respectively filed motions for Summary Judgment and the trial court granted the motion of the adoptive parent and decreed that Petitioner take nothing by her suit. The court of civil appeals affirmed this judgment. Tex.Civ.App., 469 S.W.2d 615.

For the reasons there stated, we agree with the holding of the court of civil appeals sustaining the judgment of the trial court that Petitioner take nothing by her suit attacking the adoption decree. But the take nothing judgment as to Petitioner’s suit for a change of custody of five of the children from the adoptive parent to herself was in error. There are allegations [575]*575of neglect and ill treatment requiring the determination of fact issues. As to this, Respondent did not discharge the burden of a movant for summary judgment. See Gibbs v. General Motors Corp., 450 S.W.2d 827 (Tex.1970).

We accordingly sever into one cause the suit of Petitioner to set aside the adoption decree, and with respect thereto affirm the judgments below.

We sever into another cause the suit of Petitioner for custody of the children and with respect thereto reverse the judgments below and remand this cause to the trial court.

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STEAKLEY, Justice.

This case involves the unhappy circumstances of six adopted children. Their natural mother, Petitioner here, instituted this proceeding on March 12, 1970, to set aside an adoption decree of March 25, 1965, approving adoption of the children by the maternal grandparents (the maternal grandfather died on April 12, 1970) and to obtain permanent custody of the children pursuant to the provisions of Section 7¹ of Article 46a, Vernon’s Annot.Civ.Stat. The parties respectively filed motions for Summary Judgment and the trial court granted the motion of the adoptive parent and decreed that Petitioner take nothing by her suit. The court of civil appeals affirmed this judgment. Tex.Civ.App., 469 S.W.2d 615.

For the reasons there stated, we agree with the holding of the court of civil appeals sustaining the judgment of the trial court that Petitioner take nothing by her suit attacking the adoption decree. But the take nothing judgment as to Petitioner’s suit for a change of custody of five of the children from the adoptive parent to herself was in error. There are allegations [575]*575of neglect and ill treatment requiring the determination of fact issues. As to this, Respondent did not discharge the burden of a movant for summary judgment. See Gibbs v. General Motors Corp., 450 S.W.2d 827 (Tex.1970).

We accordingly sever into one cause the suit of Petitioner to set aside the adoption decree, and with respect thereto affirm the judgments below.

We sever into another cause the suit of Petitioner for custody of the children and with respect thereto reverse the judgments below and remand this cause to the trial court.

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Bluebook (online)

475 S.W.2d 574, 15 Tex. Sup. Ct. J. 146, 1972 Tex. LEXIS 207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-rouse-tex-1972.

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