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GONZALEZ v. GUILBOT

No. 08-0961.

315 S.W.3d 533 (2010)

Maria del Carmen Guilbot Serros de GONZALEZ, et al., Petitioners, v. Miguel Angel Gonzalez GUILBOT, Carlos A. Gonzalez Guilbot, and Maria Rosa del Arenal de Gonzalez, Respondents.

Supreme Court of Texas.

Decided June 11, 2010.

Rehearing Denied August 20, 2010.

Attorney(s) appearing for the Case

Daryl L. Moore, Daryl L. Moore, P.C., Hector Garcia Longoria, Heard Robins Cloud & Lubel LLP, Houston, TX, Thomas R. Phillips, Martha G. Newton, Baker Botts L.L.P., Austin, TX, for Petitioners.

Andres Perez-Chaumont, Armando Lopez, Armando Lopez, P.C., William "Andy" Taylor, Andy Taylor & Associates, P.C., Eric D. Nielsen, The Nielsen Law Firm, P.C., Houston, TX, for Respondents.

Justice WILLETT delivered the opinion of the Court.

This appeal concerns two issues: (1) the procedure required to revest a state court with jurisdiction after remand from federal court, and (2) the definition of "tertiary recusal motion" in Texas Civil Practice and Remedies Code section 30.016. We agree with the court of appeals that the hand-filing of a remand order in state court is sufficient to transfer jurisdiction back to state court. However, the court of...

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