Third Court of Appeals Civil Update July/August 2024

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The following are summaries of selected civil opinions issued by the Third Court of Appeals during May 2024. The summaries are overviews of particular aspects of the opinions; please review the entire opinions.Subsequent histories are current as of June 11, 2024.

MANDAMUS: Court grants relief where trial court denied objection to associate judge referral. 

In re Laurie, No. 03-24-00124-CV (Tex. App.—Austin May 31, 2024, orig. proceeding). 

In a suit for modification of support, the district court signed an order setting “a court proceeding … before this Court.” Laurie answered and objected to the assignment of a visiting judge. An associate judge conducted the hearing and continued the matter. The next day, Laurie objected to the assignment of an associate judge, contending he was not given notice required by Family Code § 201.005. The district court overruled Laurie’s objection as untimely. Section 201.005(c) requires a party to object to an associate judge not later than the tenth day after the party receives notice an associate judge will hear the case. 

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