Friday, June 8, 2007

Amicus Attorney's Brief Not Considered in Appeal

Children's Amicus Attorney Should Not Have Filed Appellate Brief

O'Connor v. O'Connor (Tex.App.- Houston [1st Dist.] May 17, 2007)(Nuchia)(SAPCR)

Justice Sam Nuchia holds that the amicus attorney, appointed by the family court judge to assist in the determination of the children's best interest, had no role to play in the court of appeals because the amicus did not represent a party. The panel thus declined to consider the brief filed by the amicus attorney. The court of appeals affirms the trial court's judgment awarding sole managing conservatorship and a larger share of the community property to the husband and barring the mother from contact with the chidren.

Opinion by Justice Samuel Nuchia
Panel members: Justices Nuchia, Hanks and Bland
Appellate cause no.: 01-06-00445-CV Jamie R. O'Connor v. Daniel K. O'Connor
Appeal from 310th District Court of Harris County (Hon. Lisa Millard, Family Court Judge)

Legal lingo: SAPCR, suit affecting the partent-child relationship, amicus attorney, GAL, child custody, best interest, access denial, injunction

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