Texas Supreme Court, 2002

In the Interest of K.M.S.

In the Interest of K.M.S.
Texas Supreme Court · Decided June 20, 2002 · Per Curiam
91 S.W.3d 331; 45 Tex. Sup. Ct. J. 877; 2002 Tex. LEXIS 94; 2002 WL 1338100 (South Western Reporter, Third Series)
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.

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Opinion

PER CURIAM.

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.

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