Yesterday, May 29, 2008, the Texas Supreme Court issued an opinion on the Writ of Mandamus filed by CPS in the case involving the El Dorado FLDS children.  The opinion states, “Having carefully examined the testimony at the adversary hearing and the other evidence before us, we are not inclined to disturb the court of appeals’ decision. On the record before us, removal of the children was not warranted.”

Two clarifications on this matter.  I’ve received a lot of e-mails regarding the “orders” of the Supreme Court.  The Court did not make any orders.  By not doing anything, the Writ of Mandamus issued by the Third Court of Appeals in Austin, Texas remains intact.  Second, by making no findings and making no orders, everything in the Supreme Court opinion is dicta.

You can find the decision of the Supreme Court at http://www.supreme.courts.state.tx.us/historical/2008/may/080391.pdf

You can find the decision of the Third Court of Appeals at http://www.3rdcoa.courts.state.tx.us/opinions/PDFOpinion.asp?OpinionId=16865

Rob Galvin and I were involved in this case and participated in the Court hearing described in the opinions.  Our firm, Galvin, Dominguez, Hindera & Schwab, LLP, represents clients in all types of family law matters.  You can find us at our firm website: http://www.gdhs-familylaw.com/