Opinion · Texas Supreme Court
In the Interest of K.M.S.
45 Tex. Sup. Ct. J. 877
- Type
- Opinion
- Court
- Texas Supreme Court
- Jurisdiction
- Texas
- Date
- 2002-06-20
- Topic
- bankruptcy
noting that, in deciding cases before them, intermediate courts of appeals must follow Supreme Court of Texas holdings that are on point | noting that lower courts cannot “decline to follow” rulings of higher courts | noting that lower courts cannot “decline to follow” rulings of higher courts | pointing out courts of appeals are not free to disregard opinions of Texas Supreme Court | pointing out courts of appeals are not free to disregard opinions of Texas Supreme Court | pointing out courts of appeals are not free to disregard opinions of Texas Supreme Court | pointing out courts of appeals are not free to disregard opinions of Texas Supreme Court | pointing out courts of appeals are not free to disregard opinions of Texas Supreme Court | courts of appeals are not free to disregard pronouncements from Texas Supreme Court | "[C]ourts of appeals are not free to disregard pronouncements from this Court ..." | Courts of appeals are not free to disregard Supreme Court pronouncements.
Citator
- Cited by
- 25 opinions
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.