paternity test in Texas

2010However, "[i]t is axiomatic that an appellate court reviews the actions of a trial court based on the materials before the trial court at the time it acted." Hamm v. Millennium Income Fund, L.L.C., 178 S.W.3d 256, 272 (Tex. App.-Houston [1st Dist.] 2005, pet. denied) (quoting Methodist Hosps. of Dallas v. Tall, 972 S.W.2d 894, 898 (Tex.App.-Corpus Christi 1998, no pet.)).

2010However, “[i]t is axiomatic that an appellate court reviews the actions of a trial court based on the materials before the trial court at the time it acted.” Hamm v. Millennium Income Fund, L.L.C., 178 S.W.3d 256, 272 (Tex.App.-Houston [1st Dist.] 2005, pet. denied) (quoting Methodist Hosps. of Dallas v. Tall, 972 S.W.2d 894, 898 (Tex.App.-Corpus Christi 1998, no pet.)).

2010However, "[i]t is axiomatic that an appellate court reviews the actions of a trial court based on the materials before the trial court at the time it acted." Hamm v. Millennium Income Fund, L.L.C., 178 S.W.3d 256, 272 (Tex. App.-Houston [1st Dist.] 2005, pet. denied) (quoting Methodist Hosps. of Dallas v. Tall, 972 S.W.2d 894, 898 (Tex.App.-Corpus Christi 1998, no pet.)).

2010However, “[i]t is axiomatic that an appellate court reviews the actions of a trial court based on the materials before the trial court at the time it acted.” Hamm v. Millennium Income Fund, L.L.C., 178 S.W.3d 256, 272 (Tex.App.-Houston [1st Dist.] 2005, pet. denied) (quoting Methodist Hosps. of Dallas v. Tall, 972 S.W.2d 894, 898 (Tex.App.-Corpus Christi 1998, no pet.)).

2012We have held that a paternity test “conclusively proved” nonpaternity, Murdock v. Murdock, 811 S.W.2d 557, 560 (Tex. 1991), that documents that detailed a leaseholder’s wrongful acts and were sent and received 5 by royalty owners “conclusively establish[ed]” that the royalty owners had knowledge of such wrongdoing, Exxon Corp. v. Emerald Oil & Gas Co., 348 S.W.3d 194 , 203–09 (Tex. 2011), and that “readily accessible, publicly available documents” conclusively established that a leaseholder’s alleged fraud could have been discovered through the exercise of reasonable diligence.

2012We have held that a paternity test “conclusively proved” nonpaternity, Murdock v. Murdock, 811 S.W.2d 557, 560 (Tex.1991), that documents that detailed a leaseholder’s wrongful acts and were sent and received by royalty owners “conclusively established]” that the royalty owners had knowledge of such wrongdoing, Exxon Carp. v. Emerald Oil & Gas Co., 348 S.W.3d 194, 203-09 (Tex.2011), and that “readily accessible, publicly available documents” conclusively established that a leaseholder’s alleged fraud could have been discovered through the exercise of reasonable diligence.

2003Stroud v. Stroud, 733 S.W.2d 619, 621 (Tex.App.-Dallas 1987, no writ).

2003Stroud v. Stroud, 733 S.W.2d 619, 621 (Tex.App.-Dallas 1987, no writ).

2012We have held that a paternity test “conclusively proved” nonpaternity, Murdock v. Murdock, 811 S.W.2d 557, 560 (Tex. 1991), that documents that detailed a leaseholder’s wrongful acts and were sent and received 5 by royalty owners “conclusively establish[ed]” that the royalty owners had knowledge of such wrongdoing, Exxon Corp. v. Emerald Oil & Gas Co., 348 S.W.3d 194 , 203–09 (Tex. 2011), and that “readily accessible, publicly available documents” conclusively established that a leaseholder’s alleged fraud could have been discovered through the exercise of reasonable diligence.

2012We have held that a paternity test “conclusively proved” nonpaternity, Murdock v. Murdock, 811 S.W.2d 557, 560 (Tex.1991), that documents that detailed a leaseholder’s wrongful acts and were sent and received by royalty owners “conclusively established]” that the royalty owners had knowledge of such wrongdoing, Exxon Carp. v. Emerald Oil & Gas Co., 348 S.W.3d 194, 203-09 (Tex.2011), and that “readily accessible, publicly available documents” conclusively established that a leaseholder’s alleged fraud could have been discovered through the exercise of reasonable diligence.

2012Shell Oil Co. v. Ross, 356 S.W.3d 924 , 929–30 (Tex. 2011).

2012Shell Oil Co. v. Ross, 356 S.W.3d 924, 929-30 (Tex.2011).

2022See Murphy, 964 S.W.2d at 271 ; Willis, 760 S.W.2d at 645 . 17 a paternity test is unlikely to inquire about how the test was performed to discover potential injuries related to negligent or wrongful conduct in performing the test.

2020Our sister courts have found that summary termination is defeated when, inter alia, a father writes a letter to the trial court in which he states he is the child’s father;4 when a father who questions paternity throughout 4 See In re K.W., 138 S.W.3d 420, 430 (Tex.App.—Fort Worth 2004, pet. denied); In re U.B., No. 04-12-00687-CV, 2013 WL 441890 , at *2 (Tex.App.—San Antonio Feb. 6, 2013, no pet.)(mem. op.). 12 a pending case files a general denial and fills out an appointed counsel request form in which he states he is the child’s parent;5 when a father acknowledges paternity to the Departme

2016See id. 1 Additionally, although the testimony might have had a tendency to suggest a decision on an improper basis because the testimony pertained to a previous sexual assault of a minor, because that type of evidence is inflammatory and can be unfairly prejudicial, see Gigliobianco, 210 S.W.3d at 641 (stating that evidence might encourage decision on improper basis if it arouses jury’s sympathy or hostility “without regard to the logical probative force of the evidence”); Martin, 176 S.W.3d at 897 (providing that evidence of sexual misconduct involving children is inherently inflammatory), a

2016See id. 1 Additionally, although the testimony might have had a tendency to suggest a decision on an improper basis because the testimony pertained to a previous sexual assault of a minor, because that type of evidence is inflammatory and can be unfairly prejudicial, see Gigliobianco, 210 S.W.3d at 641 (stating that evidence might encourage decision on improper basis if it arouses jury’s sympathy or hostility “without regard to the logical probative force of the evidence”); Martin, 176 S.W.3d at 897 (providing that evidence of sexual misconduct involving children is inherently inflammatory), a

2016See id. 1 Additionally, although the testimony might have had a tendency to suggest a decision on an improper basis because the testimony pertained to a previous sexual assault of a minor, because that type of evidence is inflammatory and can be unfairly prejudicial, see Gigliobianco, 210 S.W.3d at 641 (stating that evidence might encourage decision on improper basis if it arouses jury’s sympathy or hostility “without regard to the logical probative force of the evidence”); Martin, 176 S.W.3d at 897 (providing that evidence of sexual misconduct involving children is inherently inflammatory), a

2016See id. 1 Additionally, although the testimony might have had a tendency to suggest a decision on an improper basis because the testimony pertained to a previous sexual assault of a minor, because that type of evidence is inflammatory and can be unfairly prejudicial, see Gigliobianco, 210 S.W.3d at 641 (stating that evidence might encourage decision on improper basis if it arouses jury’s sympathy or hostility “without regard to the logical probative force of the evidence”); Martin, 176 S.W.3d at 897 (providing that evidence of sexual misconduct involving children is inherently inflammatory), a

2016See id. 1 Additionally, although the testimony might have had a tendency to suggest a decision on an improper basis because the testimony pertained to a previous sexual assault of a minor, because that type of evidence is inflammatory and can be unfairly prejudicial, see Gigliobianco, 210 S.W.3d at 641 (stating that evidence might encourage decision on improper basis if it arouses jury’s sympathy or hostility “without regard to the logical probative force of the evidence”); Martin, 176 S.W.3d at 897 (providing that evidence of sexual misconduct involving children is inherently inflammatory), a

2015See also In re K.G., 350 S.W.3d 338, 350-51 (Tex. App.—Fort Worth 2011, pet. denied) (reviewing the statutory scheme of chapter 161).

2014Cf. In re K.E.S., No. 02-11-00420-CV, 2012 WL 4121127 , at *3 In re E.N.C., 384 S.W.3d 796, 802 (Tex. 2012).

2014Code Ann. § 101.007 (West 2008); E.N.C., 384 S.W.3d at 802 . 5 (Tex. App.—Fort Worth Sept. 20, 2012, pet. denied) (mem. op. on reh’g) (stating that father admitted paternity under section 161.002 when, although he did not file a counterclaim of paternity or for voluntary paternity under chapter 160, he responded to a CPS letter acknowledging that he believed the child to be his and cooperated when asked to take a paternity test, which was admitted without objection at trial, allowing the issue to be tried by consent).