[Download] "Richard Gunn v. Calvin J. Cavanaugh Et Al" by First District, Houston Court of Civil Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Richard Gunn v. Calvin J. Cavanaugh Et Al
- Author : First District, Houston Court of Civil Appeals of Texas
- Release Date : January 09, 1965
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
On May 25, 1964, the three children of Richard Gunn, the petitioner, were adopted by respondents, Mr. and Mrs. Calvin J. Cavanaugh. Barbara Gunn, the mother of the children, consented to this adoption. The petition for adoption filed by respondents alleged that Richard Gunn had deserted his children. Gunn was not cited but the judge of the county court of the county where the children resided (Runnels County) consented to the adoption. Article 46a, ? 6. It is well settled in this state that when a court order purports to declare that the parental rights to a child have terminated and the parent is not cited, such parent is entitled thereafter to a plenary hearing to determine whether or not such parental rights have in fact been lost through neglect, mistreatment, abandonment or other antisocial conduct. Richard Gunn was not a named party to the adoption proceedings in the District Court and did not participate therein. However, within the time prescribed by Article 2255, he filed his petition for writ of error to have the case reviewed by the Court of Civil Appeals. Writ of error affords a review of the same scope as an appeal. Ward v. Scarborough, 236 S.W. 441 (Tex. Comm. App. 1922); Burnett, "Writ of Error Jurisdiction of the Court of Civil Appeals", Appellate Procedure in Texas, ? 5.1. It is available to those who were parties to the trial court suit but did not participate in the actual trial of the case. The Court of Civil Appeals held that Gunn had "an interest in this proceeding", that he had a remedy, but that it was not by way of writ of error. 385 S.W.2d 451.