[DOWNLOAD] "Ronald Beyer and Angela Beyer v. David Diaz" by Fifth District, Dallas No. 20070 Court of Civil Appeals of Texas * Book PDF Kindle ePub Free
eBook details
- Title: Ronald Beyer and Angela Beyer v. David Diaz
- Author : Fifth District, Dallas No. 20070 Court of Civil Appeals of Texas
- Release Date : January 30, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is a motion by appellees to dismiss this appeal. Appellees filed pleas of privilege in a suit affecting the parent-child relationship, and the pleas were sustained. The question is whether we must dismiss this appeal because the proceeding below was not an appealable plea of privilege governed by Tex.R.Civ.P. 86-89, but instead was a non-appealable transfer proceeding governed by Tex.Fam.Code Ann. § 11.06 (Vernon 1975). We hold that it was a transfer proceeding and thus not appealable. Accordingly, we dismiss the appeal. Appellants brought suit to terminate the parental rights of a mother and the probable father. The maternal grandmother was also joined as a person with possible interest in the child. The appellees filed separate pleas of privilege to be sued in Limestone County, the county of their residence, and these pleas of privilege were sustained. Appellees now contend that their pleas of privilege were actually motions for transfer under the Texas Family Code. Appellants argue that these should be considered pleas of privilege because they were so considered by the parties and the court below. They also argue that the appellees are now estopped from claiming these are motions to transfer because they successfully asserted that these were pleas of privilege below.