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In re J.R.M.

Court of Appeals of Texas, Fourteenth District, Houston
Jan 31, 2008
No. 14-07-00883-CV (Tex. App. Jan. 31, 2008)

Opinion

No. 14-07-00883-CV

Opinion filed January 31, 2008.

On Appeal from the 257th District Court, Harris County, Texas, Trial Court Cause No. 92-11993.

Panel consists of Chief Justice HEDGES and Justices ANDERSON and BOYCE.


MEMORANDUM OPINION


The Office of the Attorney General filed a restricted appeal from the trial court's order signed April 5, 2007, asserting it was a necessary party to the child support enforcement action pursuant to an assignment of child support arrearages. On January 25, 2008, appellant filed a motion to dismiss the appeal because it determined that a restricted appeal is not available to challenge the trial court's order. See TEX. R. APP. P. 42.1. The Office of the Attorney General was not named as a party or otherwise served with citation or notice, and it is not in privity with a party; therefore, its remedy is to seek an equitable bill of review rather than a restricted appeal. See Gunn v. Cavanaugh, 391 S.W.2d 723, 724-27 (Tex. 1965). The motion to dismiss is granted.

Accordingly, the appeal is ordered dismissed.


Summaries of

In re J.R.M.

Court of Appeals of Texas, Fourteenth District, Houston
Jan 31, 2008
No. 14-07-00883-CV (Tex. App. Jan. 31, 2008)
Case details for

In re J.R.M.

Case Details

Full title:IN THE INTEREST OF J.R.M., a child

Court:Court of Appeals of Texas, Fourteenth District, Houston

Date published: Jan 31, 2008

Citations

No. 14-07-00883-CV (Tex. App. Jan. 31, 2008)