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HIDALGO v. HIDALGO

No. 09-0415.

310 S.W.3d 887 (2010)

Leila Regenia Brown HIDALGO, Petitioner, v. Alvin Steve HIDALGO, Respondent.

Supreme Court of Texas.

Rehearing Denied June 18, 2010.

Attorney(s) appearing for the Case

Brad M. LaMorgese, Stephen Michael Orsinger, Gene Alexander Leposki, McCurley Orsinger McCurley Nelson & Downing LLP, Dallas, Richard R. Orsinger, McCurley Orsinger McCurley Nelson & Downing LLP, San Antonio, Keith Griffin, Attorney at Law, Dallas, Teresa L. Campbell, Flynn Campbell & Francis, Southlake, Charles R. Hodges, Denton, TX, for Petitioner.

Georganna L. Simpson, Jeremy C. Martin, Simpson * Martin, LLP, Larry Hance, Hance & Wickham, P.C., Dallas, TX, for Respondent.

PER CURIAM.

Should a party who relies on a then-valid procedural argument in the court of appeals be able to assert substantive arguments if this Court invalidates the procedural argument while the case is pending? We answer yes.

Leila and Alvin Hidalgo were divorced in California in 2002, and the divorce decree required Alvin to obtain life insurance with Leila as beneficiary. Leila filed the California decree in Texas state court as a foreign judgment. ...

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