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“constructive fraud encompasses those breaches that the law condemns as 'fraudulent' merely because they tend to deceive others”
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002
2014
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Michael A. Phillips, Maria E. Phillips and Quantum Investment Partners L.L.C. v. BR Brick and Masonry, Inc. N/K/A BR Brick Masonry, L.P.
constructive fraud encompasses those breaches that the law condemns as 'fraudulent' merely because they tend to deceive others
cited
Cited "see"
in Re: Aaron Vaughan and Lacy Vaughan
See Vela v. Marywood, 17 S.W.3d 750, 759 (Tex. App.—Austin 2000), pet. denied per curiam, 53 S.W.3d 684 (Tex. 2001).
cited
Cited "see"
in the Interest of D.E.H., a Minor Child
See Vela v. Marywood, 17 S.W.3d 750, 763 (Tex. App.—Austin 2000), pet. denied, 53 S.W.3d 684 (Tex. 2001).
cited
Cited "see"
In Re DEH
See Vela v. Marywood, 17 S.W.3d 750, 763 (Tex.App.-Austin 2000), pet. denied, 53 S.W.3d 684 (Tex.2001).
discussed
Cited "see"
in the Interest of D.E.H., a Minor Child
(2×)
See Vela v. Marywood , 17 S.W.3d 750, 763 (Tex. App.—Austin 2000), pet. denied , 53 S.W.3d 684 (Tex. 2001).
discussed
Cited "see"
In Re Mata
See Vela v. Marywood, 17 S.W.3d 750, 759 (Tex.App.-Austin 2000), pet. denied, 53 S.W.3d 684 (Tex.2001); see also Tex. Fam.Code Ann. § 161.103 (West Supp.2005) (affidavit of voluntary relinquishment must include statement that parent has been informed of parental rights and duties; statement that relinquishment is revocable, irrevocable, or irrevocable for stated period of time; and explanation of how and when revocation may be accomplished), § 161.1035 (West 2002) (if affidavit of relinquishment does not state that it is irrevocable for certain period of time, affidavit is revocable within t…
discussed
Cited "see"
Sheshunoff v. Sheshunoff
See Vela v. Marywood, 17 S.W.3d 750, 762 (Tex.App.-Austin 2000), pet. denied, 53 S.W.3d 684 (Tex.2001) (per curiam) (“Although the face of the affidavit reflects it was signed knowingly and voluntarily, we must consider the surrounding circumstances to determine if Corina’s signature on the document was procured by misrepresentation, fraud, or the like.”). 15 .
discussed
Cited "see"
Alexander Austin Sheshunoff v. Gabrielle Martha Sheshunoff
See Vela v. Marywood , 17 S.W.3d 750, 762 (Tex. App.--Austin 2000), pet. denied , 53 S.W.3d 684 (Tex. 2001) (per curiam) ("Although the face of the affidavit reflects it was signed knowingly and voluntarily, we must consider the surrounding circumstances to determine if Corina's signature on the document was procured by misrepresentation, fraud, or the like."). 15.
discussed
Cited "see"
Alexander Austin Sheshunoff v. Gabrielle Martha Sheshunoff
See Vela v. Marywood, 17 S.W.3d 750, 762 (Tex. App.—Austin 2000), pet. denied, 53 S.W.3d 684 (Tex. 2001) (per curiam) (“Although the face of the affidavit reflects it was signed knowingly and voluntarily, we must consider the surrounding circumstances to determine if Corina’s signature on the document was procured by misrepresentation, fraud, or the like.”). 19 Sheshunoff.
discussed
Cited "see, e.g."
in the Interest of M.M., D.L., J.L., N.L., and D.L., Children
See K.M.L., 443 S.W.3d at 113 ; see also Vela v. Marywood, 17 S.W.3d 750, 759 (Tex. App.—Austin 2000) (“Since an affidavit of relinquishment waives rights of constitutional magnitude, it must be made voluntarily, knowingly, intelligently, and with full awareness of the legal consequences.” (citation omitted)), pet. denied, 53 S.W.3d 684 (Tex. 2001).
discussed
Cited "see, e.g."
in the Interest of M.S., a Child
Code Ann. § 161.211 (c); see also Vela v. Marywood, 17 S.W.3d 750, 759 (Tex. App.—Austin 2000) (“Since an affidavit of relinquishment waives rights of constitutional magnitude, it must be made voluntarily, knowingly, intelligently, and with full awareness of the legal consequences.”) (citation omitted)), pet. denied, 53 S.W.3d 684 (Tex. 2001) (per curiam). 15 Evidence that an affidavit of voluntary relinquishment was signed, notarized, witnessed, and executed in compliance with section 161.103 of the Family Code is prima facie evidence of its validity.
discussed
Cited "see, e.g."
in the Interest of B.H., a Child
Code Ann. § 161.211 (c) (West 2014); see also Vela v. Marywood, 17 S.W.3d 750, 759 (Tex. App.—Austin 2000) (“Since an affidavit of relinquishment waives rights of constitutional magnitude, it must be 8 made voluntarily, knowingly, intelligently, and with full awareness of the legal consequences.” (citation omitted)), pet. denied, 53 S.W.3d 684 (Tex. 2001).
discussed
Cited "see, e.g."
Michael Angel Sanchez v. State
(2×)
App. 1964); see, e.g., Sanchez v. State, 53 S.W.3d 684, 685 (Tex. App.—San Antonio 2001, pet. ref’d) (the court was “without jurisdiction to consider the merits of appellant’s complaint” regarding voluntariness where an appellant pled guilty with a plea bargain, and the trial court assessed a punishment within the terms of the plea bargain); see also Alvarez v. State, 50 S.W.3d 566 , 566–67 (Tex. App.—San Antonio 2001, no pet.) (holding the appellate court does not have jurisdiction to rule on an issue of voluntariness of an original plea in an appeal from an order revoking proba…
Retrieving the full opinion text from the archive…
MARYWOOD
v.
Corina VELA
v.
Corina VELA
No. 00-0583.
Texas Supreme Court.
May 3, 2001.
Cited by 114 opinions | Published
Citer courts: Court of Appeals of Texas (1)
PER CURIAM.
Petitioner’s motion for rehearing is denied, the per curiam opinion issued in this case on May 3, 2001, is withdrawn, and the following per curiam opinion is issued in its place.
Marywood, a child-placement agency, petitions for review of the court of appeals’ judgment that a birth mother, Corina Vela, had not voluntarily relinquished her parental rights before adoption procedures. 17 S.W.3d 750. This case presents the question of whether a birth mother can revoke her voluntary relinquishment of parental rights solely because the adoption agency failed to advise her of the legal effect of an open adoption agreement. See Tex. Fam. Code § 161.211.
After the court of appeals issued its opinion, the adoptive couple with whom Marywood had placed the child voluntarily relinquished custody and returned the child to Vela. We deny the petition for review.