Rader v. Rader
| Citation | 378 S.W.2d 371 |
| Decision Date | 17 April 1964 |
| Docket Number | No. 16395,16395 |
| Parties | Marjorie RADER, Appellant, v. Daniel L. RADER et al., Appellees. |
| Court | Texas Court of Appeals |
Tobolowsky, Hartt, Schlinger & Blalock, Grover Hartt, Jr., Dallas, for appellant.
Wm. Andress, Jr., Dallas, for appellees.
Marjorie Rader brought this suit in the Juvenile Court of Dallas County against her husband, Daniel L. Rader, seeking to require him to support her and their two minor children. In her second count contained in her petition, styled 'Action for Alienation of Affections', appellant sought injunctive relief against appellee Shirley Rogers to prevent the alleged alienation of affection of Daniel L. Rader and also an injunction against Daniel L. Rader to prevent his further association with Shirley Rogers. The court sustained a motion to sever the cause of action for alienation of affection from the cause of action for support. The appeal involving support has been disposed of by us this date in Rader v. Rader, 378 S.W.2d 373.
In the action for alienation of affection both appellees filed a plea to the jurisdiction of the court, said pleas being sustained and the cause dismissed. From this order appellant brings this appeal contending, in two points of error, that (1) the court erred in severing the causes of action, and (2) the court erred in dismissing her suit for alienation of affection.
There is no merit to appellant's first point. Rule 41, Texas Rules of Civil Procedure provides that improperly joined causes of action may be severed and tried as separate suits. The court has a broad discretion in acting on motions to sever and such action will not be disturbed on appeal in the absence of abuse of such discretion. We find no abuse of discretion in this case. Pure Oil Co. v. Fowler, Tex.Civ.App., 302 S.W.2d 461; Reynolds v. Pierce, Tex.Civ.App., 320 S.W.2d 376, affirmed 160 Tex. 198, 329 S.W.2d 76.
Appellant's second point involving the jurisdiction of the Juvenile Court of Dallas County is also without merit and is overruled. The Juvenile Court of Dallas County is not a constitutional district court as provided in Art. 5, Sec. 8 of the Constitution of Texas, Vernon's Ann.St. having general jurisdiction therein provided. It is a special court created by the 55th Legislature, Acts of 1957, Chapter 511, Page 1490, and being Art. 2338-9, Vernon's Ann.Civ.St. It is a court of limited jurisdiction, being confined to the powers delegated to it by Sec. 3 of Art. 2338-9, V.A.C.S. The powers contained in this section relate generally to matters involving children and domestic relations problems. Appellant argues that the Juvenile Court has jurisdiction of her action for alienation of affection because the same falls within the category of a 'justiciable controversy and difference between spouses.' We cannot agree. Appellee Shirley Rogers is not a...
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Martin v. Texas Youth Council
...has only such jurisdiction and authority as may be conferred upon it by the Legislature. Art. 5, Sec. I, Texas Constitution, Rader v. Rader, 378 S.W.2d 371, Tex.Civ.App., Dallas, writ ref. n.r.e. It is quite true that the Legislature in creating a court under Art. 5, Sec. I of the Constitut......
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McGlothlin v. McGlothlin
...action against the other. Turner v. Turner, 385 S.W.2d 230 (Tex.1965); Nickerson and Matson v. Nickerson, 65 Tex. 281 (1886); Rader v. Rader, 378 S.W.2d 371, 373 (Tex.Civ.App.--Dallas 1964, writ ref'd n.r .e.); 1 Latiolais v. Latiolais, 361 S.W.2d 252 (Tex.Civ.App.--Beaumont 1962, writ ref'......
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Cluck v. Cluck
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Pelej v. Winans, 16858
...right or authority in law to take any action involving the question of increased child support payments. As we stated in Rader v. Rader, Tex.Civ.App., 378 S.W.2d 371, the Juvenile Court of Dallas County is not a constitutional district court as provided in Art. 5, Sec. 8 of the Constitution......