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Relator Charlena Renee Smith filed a petition for writ of mandamus seeking to compel the trial court to vacate a 2002 order naming Sheila Renee Haley joint managing conservator of Smith's children and 2008 temporary orders. Smith argued the 2002 agreed order was void because Haley lacked standing, which is a constitutional prerequisite for maintaining a suit under Texas law and cannot be conferred by consent. The court found that Haley did not meet the statutory standing requirements under the Family Code when the original petition was filed, making the 2002 order void. Consequently, the temporary orders stemming from a motion to modify the void order must also be vacated. The court conditionally granted Smith's petition for writ of mandamus, instructing the trial court to vacate both the October 23, 2002, and March 11, 2008 orders.
in Re Charlena Renee Smith is a workers' compensation case decided in Texas Court of Appeals, 9th District (Beaumont). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 9th District (Beaumont).
Full Decision Text1 Pages
Relator Charlena Renee Smith filed a petition for writ of mandamus seeking to compel the trial court to vacate a 2002 order naming Sheila Renee Haley joint managing conservator of Smith's children and 2008 temporary orders. Smith argued the 2002 agreed order was void because Haley lacked standing, which is a constitutional prerequisite for maintaining a suit under Texas law and cannot be conferred by consent. The court found that Haley did not meet the statutory standing requirements under the Family Code when the original petition was filed, making the 2002 order void. Consequently, the temporary orders stemming from a motion to modify the void order must also be vacated. The court conditionally granted Smith's petition for writ of mandamus, instructing the trial court to vacate both the October 23, 2002, and March 11, 2008 orders.
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