CREEL v. MARTINEZ

No. 01-02-01065-CV.

176 S.W.3d 516 (2004)

Nicholas B. CREEL, M.D. and Nicholas B. Creel, M.D., P.A., Appellants, v. Frank MARTINEZ, Jr., Appellee.

Court of Appeals of Texas, First District, Houston.

Rehearing Overruled March 9, 2005.


Attorney(s) appearing for the Case

Barbara Hilburn, Steven O. Grubbs, Curtis W.W. Fitzgerald II, Hilburn, Shores & Sherer, P.L.L.C., Houston, TX, for Appellants.

Gordon E. Davenport, Davenport Law Firm, Alvin, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices BLAND and CHRISTOPHER.


OPINION

SHERRY RADACK, Chief Justice.

In this appeal, we determine whether 17-year-old Holly Denise Orchard could be survived by a common-law spouse when she died. To decide this issue, we consider the constitutionality of section 2.401(c) of the Family Code, which prohibits a minor from being a party to a common-law marriage. We also consider whether the trial court lacked jurisdiction to proceed because...

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