law-abstract-questions-of-law | advisory opinion | hypothetical controversy scenario | question not
presented |
ABSTRACT QUESTIONS OF LAW
Texas courts have no jurisdiction to render advisory opinions, which are opinions that decide
abstract questions of law without binding the parties. Tex. Ass'n of Bus., 852 S.W.2d at 444 (citing
Ala. State Fed'n of Labor v. McAdory, 325 U.S. 450, 461 (1945); Firemen's Ins. Co. v. Burch, 442
S.W.2d 331, 333 (Tex. 1969); Cal. Prods., Inc. v. Puretex Lemon Juice, Inc., 160 Tex. 586, 591, 334
S.W.2d 780, 783 (1960)). "A declaratory judgment is appropriate only if a justiciable controversy
exists as to the rights and status of the parties and the controversy will be resolved by the
declaration sought." Bonham State Bank v. Beadle, 907 S.W.2d 465, 467 (Tex. 1995).
The separation of powers doctrine prohibits one branch of government from exercising a power
inherently belonging to another branch. See id. at 444; TEX. CONST. art. II, § 1. The separation of
powers doctrine is violated "only when the functioning of the judicial process in a field
constitutionally committed to the control of the courts is interfered with by the executive or
legislative branches." Gen. Servs. Comm'n v. Little-Tex Insulation Co., 39 S.W.3d 591, 600
(Tex.2001); State Bd. of Ins. v. Betts, 158 Tex. 83, 308 S.W.2d 846, 851-52 (1958); see TEX.
CONST. art. II, § 1. In the context of standing, the separation of powers article prohibits courts from
issuing advisory opinions, an opinion that decides an abstract question of law without binding the
parties. Tex. Ass'n of Bus., 852 S.W.2d at 444; Alford v. Thornburg, 113 S.W.3d 575, 583
(Tex.App.-Texarkana 2003, no pet.).
We do not address the issue because our opinion would be an advisory opinion on an abstract
question of law that would not bind the parties. S. Tex. Water Auth. v. Lomas, 223 S.W.3d 304, 307
(Tex. 2007).
Cited by: In Re G.E. Co., No. 07-0195 (Tex. Dec. 5, 2008) (Phil Johnson)
(forum non conveniens mandamus granted, asbestos suit)
CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | TEXAS COURT OF APPEALS
OPINIONS
HOUSTON OPINIONS HOME PAGE