Kenneth Gillespie v. Lois Marie Gillespie

Pursuant to a decree of divorce rendered in the matter of the marriage of Kenneth Gillespie and Lois Marie Gillespie and in the interest of their minor child, Sarah Marie, the father was appointed managing conservator of the child. Trial was to the court. This appeal concerns the custody award. On the sole point of error assigned, the court of appeals, with one justice dissenting, determined that certain hospital records containing references to Mrs. Gillespies treatment for alcoholism were inadmissible under TEX. REV. CIV. STAT. ANN. art. 5561h, ? 2. The trial courts judgment was reversed and the case remanded for a new trial. 631 S.W.2d 592. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.