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Hidalgo v. Hidalgo

A party who relies on a then-valid procedural argument in the court of appeals should be able to assert substantive arguments if the court invalidates the procedural argument while the case is pending. In light of a change in the law and in the interest of justice, appellant may argue to the court of appeals the substantive reasons she believes the trial court's judgment was erroneous. Texas Supreme Court, No. 09-0415, 06-02-2010

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Should a party who relies on a then-valid procedural argument in the court of appeals be able to assert substantive arguments if this Court invalidates the procedural argument while the case is pending? We answer yes.

Leila and Alvin Hidalgo were divorced in California in 2002, and the divorce decree required Alvin to obtain life insurance with Leila as beneficiary. Leila filed the California decree in Texas state court as a foreign judgment. See TEX. CIV. PRAC. & REM. CODE§ 35.003. In 2005, Leila filed a motion to enforce the decree, claiming Alvin had failed to pay the insurance premiums. Alvin disputed her claim, contending he was now retired and no longer required to carry the policy.

This appeal concerns the interplay of three different trial court orders:

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