Summary
holding the trial court abused its discretion when it declared Texas marriage law unconstitutional without first notifying the attorney general of the constitutional challenge
Summary of this case from State v. Naylor (In re State)Opinion
No. 04-14-00282-CV
05-28-2014
IN RE STATE OF TEXAS
Original Mandamus Proceeding
This proceeding arises out of Cause No. 2014CI02421, styled A.L.F.L. v. K.L.L., pending in the 438th Judicial District Court, Bexar County, Texas, the Honorable Barbara Hanson Nellermoe presiding.
ORDER
Sitting: Karen Angelini, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
On May 23, 2014, real party in interest A.L.F.L. filed a motion suggesting that intervening actions by the trial court in the underlying divorce proceeding have rendered this original mandamus proceeding and the relief conditionally granted by this court moot. This court is of the opinion that the issue raised by the motion requires further consideration. The respondent judge and the relator, The State of Texas, may file a response to the motion in this court no later than June 2, 2014. The court requests that any response address whether or not the trial court's actions and order signed May 16, 2014, render the issues raised and addressed in this mandamus proceeding moot. Any such response must conform to Texas Rule of Appellate Procedure 52.4.
It is so ORDERED on May 28th, 2014.
PER CURIAM
ATTESTED TO: __________
Keith E. Hottle
Clerk of Court