List every step and list where the SC ruled that that step was illegal. Show where the SC used the term “illegal” or “broke the law”.
Sigh. The 3rd Circuit cout of appeals ruled that the jude “abused her discretion”, in their ruling. To you and me, that means, “broke the law.” I sat down with a Judge in VA last weekend, to confirm that - he said yep, that is exactly what it means.
The TX SC upheld - that means they concurred, she broke the law. The VA Judge also confirmed that ruling.
So, you need the TX SC majority opinion - I will get that for you, after this post - and you need the 3rd Circuit opinion. You go find that one.
List every step and list where the SC ruled that that step was illegal. Show where the SC used the term “illegal” or “broke the law”.
That ‘abuse’ wording was in the opinion written by the three judge panel from the 3rd Circuit court. The TSC didn’t use the word ‘abuse’ but concurred with the opinion from the 3rd court.
Last paragraph of the 3rd Court opinion, page 9 just before the Justices’ signatures:
snip........
We find the department didn’t carry its burden of proof under 262.201. The evidence adduced at the hearing April 17-18, 2008 was legally and factually insufficient to support the findings required by section 262.201 to maintain custody of Realtors’ children with the Department. Consequently, the court abused its discretion in failing to return the Realtors’ children to the Realtors...........
end snip
http://web.gosanangelo.com/pdf/Mandamus_Decision.pdf