in Re S.T. ( 2015 )


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  •                            COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-15-00014-CV
    In re S.T.                                  §    Original Proceeding
    §    From the 233rd District Court
    §    of Tarrant County (233-553020-14)
    §    June 12, 2015
    §    Opinion by Chief Justice Livingston
    JUDGMENT
    This court has considered the petition for writ of mandamus filed by relator
    S.T. We conditionally grant the relief requested in relator’s petition. We order the
    trial court to (1) vacate its order denying S.T. summary judgment on his
    declaratory judgment claim that Husband’s suit to rebut the presumption of his
    paternity of the child and to adjudicate S.T.’s paternity of the child is barred by
    limitations and (2) render summary judgment for S.T. on his claims. We also
    order the trial court to delete the following from the agreed Order of Stipulations:
    4. Petitioner is not the father of [the child].
    5. Petitioner is not the biological father of [the child].
    6. Facts exist that conclusively establish Petitioner’s right to the relief
    of being able to challenge his paternity of [the child], pursuant to
    Texas Family Code Section 160.607(b)(2).
    Writ will issue only if respondent fails to comply with this court’s order.
    It is ordered that real party in interest R.B. shall pay all costs of this
    proceeding, for which let execution issue.
    SECOND DISTRICT COURT OF APPEALS
    By /s/ Terrie Livingston
    Chief Justice Terrie Livingston
    

Document Info

Docket Number: 02-15-00014-CV

Filed Date: 6/12/2015

Precedential Status: Precedential

Modified Date: 6/13/2015