Smith v. Painter, B--23
| Citation | 412 S.W.2d 28 |
| Decision Date | 01 March 1967 |
| Docket Number | No. B--23,B--23 |
| Parties | Albert SMITH, Petitioner, v. Larry Lon PAINTER et ux., Respondents. |
| Court | Texas Supreme Court |
Clayton, Kolander, Moser & Templeton, J. M. Kolander, Amarillo, Crenshaw, Dupree & Milam, J. H. Milam, Lubbock, for petitioner.
Miller, Sanders & Baker, Oth Miller, Amarillo, for respondents.
ON APPLICATION FOR WRIT OF ERROR
Larry Lon Painter and Patricia Ann Painter were married, and to this union was born one child, Larry Lynn Painter, who is now five years of age. The parents were divorced in 1962, and the mother died about three years later. In the meantime the father married Cora Painter, who adopted Larry Lynn after his mother's death.
The present suit was instituted by the father of Patricia Ann Painter against Larry Lon Painter and Cora Painter to require the defendants to permit Larry Lynn to communicate and visit with the plaintiff. Summary judgment was rendered by the trial court in favor of the defendants, and the Court of Civil Appeals affirmed. 408 S.W.2d 785.
The Court of Civil Appeals quoted and relied upon certain language from the opinion in Succession of Reiss, 46 La.Ann. 347, 15 So. 151. It is unnecessary to determine here whether the opinion or holding in Reiss accurately reflects the law of Texas, since the facts in the instant case are quite different. In view of the provisions of Article 46a, Section 9, Vernon's Ann.Tex.Civ.Stat., it is our opinion that summary judgment was properly rendered in favor of the natural father and the adoptive mother. The application for writ of error is accordingly refused, no reversible error.
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Mimkon v. Ford
...Succession of Reiss, Supra (15 So.) at 152; Smith v. Painter, 408 S.W.2d 785, 786 (Tex.Ct.Civ.App.1966), writ ref'd n.r.e., 412 S.W.2d 28 (Tex.Sup.Ct.1967)). (2) The judicial enforcement of grandparent visitation rights would divide proper parental authority, thereby hindering it. (E.g., Od......
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Rodgers v. Williamson
...clearly so. Patton v. Shamburger, 431 S.W.2d 506 (Tex.1968); Smith v. Painter, 408 S.W.2d 785 (Tex.Civ.App.1966, writ ref'd n.r.e.), 412 S.W.2d 28 (Tex.1967). The Illinois decree did terminate Rodgers' rights as a parent of Scott. It would almost always follow that the court would not prese......
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Rodgers v. Williamson
...46a, Sec. 9, V.A.C.S.; Smith v. Painter, 408 S.W.2d 785 (Tex.Civ.App., Eastland 1966, writ ref'd n.r.e. with written opinion, Tex., 412 S.W.2d 28 (1967)). We know of no Texas statutes or decisions which confer upon divorce or juvenile courts continuing jurisdiction to decide or pass upon qu......
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Holmquist v. Occidental Life Ins. Co. of California, 1281
...431 S.W.2d 506 (Tex.Sup.1968). Section 9 has been construed to deny visitation rights to natural grandparents. Smith v. Painter, 412 S.W.2d 28 (Tex.Sup.1967) (per curiam); DeWeese v. Crawford, 520 S.W.2d 522 (Tex.Civ.App.-Houston (14th Dist.) 1975, writ ref'd n.r.e.). It has been held that ......