Texas Supreme Court, 1965

Quarles v. Quarles

Texas Supreme Court · Decided April 7, 1965

388 S.W.2d 926 (South Western Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

Gani v. Gani (Tex. 1973)
Michael Charles Fuller v. State (Tex. App. 2009)
in the Matter of the Marriage of Spencer Ellis and Esbeida Ellis and in the Matter of Spencer Ellis, Jr. and Soleida Ellis, Children (Tex. App. 2008)
In the Interest of Z.W.C. (Tex. App. 1993)
Holitzke v. Holitzke (Tex. App. 1972)
Woods v. Woods (Tex. App. 1971)
Huff v. Stafford (Tex. App. 1968)
Lebowitz v. Lebowitz (Tex. App. 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

This is a divorce case in which the Court of Civil Appeals has affirmed the decree of the trial court. 386 S.W.2d 337. In the application for writ of error, petitioner asserts that this Court has jurisdiction of this cause under subdivisions 2 and 6 of Article 1728, Vernon’s Ann.Tex.Stats. All of petitioner’s points of error relate to that portion of the divorce decree awarding the custody of three minor children to the respondent.

As no conflict of decisions is pointed out in the application, no Supreme Court jurisdiction under Article. 1728, § 2 is shown.

*927As the custody award is contained in the divorce decree and is an integral part of the divorce case, this Court has no jurisdiction of the cause under Article 1728, § 6. See, Article 1821, § 3, Carter v. Carter, 362 S.W.2d 646, (Tex.Sup., 1962), Longoria v. Longoria, 160 Tex. 134, 327 S.W.2d 453.

The respondent’s challenge to the jurisdiction of this Court is sustained and the application for writ of error is dismissed for want of jurisdiction.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.