In the Interest of K.M.S.
Cases that cite this one
53 later published cases cite this decision. The 21 that cite it most often are listed here.
- Methodist Hospital v. Zurich American Insurance Co. (Tex. App. 2009)
- Alberto R. Garza and Leticia I. Garza, Individually and as Next Friends of Alexandra I. Garza and Kassandra R. Garza v. Melden & Hunt, Inc. (Tex. App. 2015)
- Alberto R. Garza and Leticia I. Garza, Individually and as Next Friends of Alexandra I. Garza and Kassandra R. Garza v. Melden & Hunt, Inc. (Tex. App. 2015)
- Copano NGL Services, LLC v. John Ashcraft, Individually and as Trustee for the John Ashcraft Family Trust 2012 (Tex. App. 2015)
- John Davis D/B/A J.D. House of Style v. National Lloyds Insurance Company (Tex. App. 2015)
- Ross v. Union Carbide Corp. (Tex. App. 2009)
- the Methodist Hospital v. Zurich American Insurance Company, Tamera McKinney and Mary Vu (Tex. App. 2009)
- Terry and Kelly Jo Wood Kiefer v. Ioannis John Touris and Dennis G. Brewer, Jr. Ex Rel Alexander Kiefer (Tex. App. 2005)
- Deutsch v. Hoover, Bax & Slovacek, L.L.P. (Tex. App. 2003)
- Deutsch, George v. Hoover, Bax & Slovacek, L.L.P. (Tex. App. 2002)
- Howmet Aerospace, Inc. F/K/A Arconic, Inc., F/K/A Alcoa, Inc. v. Frank Burford, Individually and as Representative of the Heirs and Estate of Carolyn Burford, Deceased; Wesley Burford, Individually; And Leslie Schell, Individually (Tex. 2026)
- Colton Lester v. Cecil E. Berg, Seth Johnson, Johnson Law Office, Pllc, Dustin Andreas, and Phillips and Andreas, Pllc (Tex. 2022)
- in the Interest of S.W., a Child (Tex. App. 2021)
- Maria Zamarripa, as Guardian of the Estates of R.F.R. and R.J.R., Minors v. Columbia Valley Health Care System, L.P., D/B/A Valley Regional Medical Center (Tex. App. 2019)
- Dale Roush, Individually and as Trustee of the Dale Roush Assets Trust v. Metropolitan Life Insurance Company and Joel Hart (Tex. Crim. App. 2018)
- Rodriguez v. State (Tex. App. 2018)
- in the Interest of E.M. and F.M. (Tex. App. 2014)
- Crystal Yvette Roberson v. State (Tex. App. 2012)
- Guilbot v. de Gonzalez (Tex. App. 2012)
- Roberson v. State (Tex. App. 2012)
- Zanchi v. Lane (Tex. App. 2011)
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
In this suit to establish paternity, David Gernenz seeks to set aside a prior order adjudicating Christopher Smith to be the father of K.M.S. Gernenz asserted that Smith’s failure to notify him of the prior paternity proceedings denied him due process, but the trial court refused to set aside the order. Reversing the trial court’s judgment, the court of appeals concluded that Smith’s failure to give notice and serve citation on Gernenz in the earlier paternity suit violated Gernenz’s constitutional right to due process. 68 S.W.3d 61, 67-71.
In its opinion, the court of appeals “decline[d] to follow” Texas Department of Protective & Regulatory Services v. Sherry, 46 S.W.3d 857 (Tex. 2001), in which this Court interpreted various provisions of the Texas Family Code. Id. at 70. The court’s refusal to follow Sherry does not affect the disposition of this case. Nevertheless, in reaching their conclusions, courts of appeals are not free to disregard pronouncements from this Court, as did the court of appeals here. Lofton v. Texas Brine Corp., 777 S.W.2d 384, 386 (Tex. 1989) (“This court need not defend its opinions from criticism from courts of appeals; rather they must follow this court’s pronouncements.”).
The petitions for review are denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.