Texas Supreme Court

Russell Powell, Petitioner v. Honorable Judge Earl Stover, Iii, Respondent

May 27, 200548 Tex. Sup. Ct. J. 780

Summary

The Texas Supreme Court held that Tennessee, not Texas, is the child D.B.P.'s home state under the UCCJEA because the child lived there for more than six consecutive months, rendering the Texas trial court's exercise of jurisdiction improper; consequently, the Court conditionally granted a writ of mandamus ordering the trial court to stay the proceeding, communicate with the Tennessee court, and dismiss if Tennessee does not deem Texas a more appropriate forum.