The White Proviso decision stands

In today’s orders from the Texas Supreme Court there are two Tyler matters. 

First, there is Spitzer v. Berry.  Spitzer filed a petition for review of the Tyler court’s decision in the Supreme Court of Texas.  Berry responded with a motion asking that the petition be dismissed for want of jurisdiction.  That motion was denied today, so the petition is still pending.

Next is the “White Proviso” case — the divorce where the attorney for the husband was facing a disqualification motion because he and his client went into the marital residence to find documents the wife was hiding.  The trial court disqualified the husband’s attorney.  The Tyler court reinstated him via mandamus.  The wife sought to have the Tyler court overturned via her petition for writ of mandamus in the Supreme Court of Texas.  Today’s orders from the high court contain this notation: “The petition violates Texas Rules of Appellate Procedure 52.6 and is struck.”

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