[Download] "Johnstone v. State" by Texas Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Johnstone v. State
- Author : Texas Supreme Court
- Release Date : January 09, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
These consolidated cases present the question of whether a person appealing from a temporary mental health commitment order must comply with Texas Rule of Civil Procedure 324s motion-for-new-trial requirement to complain about factual insufficiency on appeal. The Texas Rules of Civil Procedure apply generally to mental health commitment proceedings. However, when a rule of procedure conflicts with a statute, the statute prevails unless the rule has been passed subsequent to the statute and repeals the statute as provided by Texas Government Code section 22.004. See Kirkpatrick v. Hurst, 484 S.W.2d 587, 589 (Tex. 1972); Few v. Charter Oak Fire Ins. Co., 463 S.W.2d 424, 425 (Tex. 1971). Texas Health and Safety Code section 574.070 requires a proposed mental health patient to file notice of appeal ten days after the trial court signs the commitment order. We conclude that rule 324 and section 574.070 conflict. Therefore, we hold that Rule 324 does not apply in temporary mental health commitment proceedings. Accordingly, we reverse and remand to the court of appeals to review the factual sufficiency of the evidence.