Appellate domestic relations decisions from Houston Appeals Courts Leax v. Leax (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Keyes) (suit for annulment, marriage and divorce fraud, serial wife divorcee, pattern of domestic violence allegations, concealment of numerous prior marriages, fraud in the inducement) AFFIRM TC JUDGMENT: Before Justices Keyes, Hanks and Bland. Opinion by Justice Evelyn Keyes 01-08-00149-CV Elaine Leax v. Robert W. Leax Appeal from 246th District Court of Harris County Trial Court Judge: Hon. Jim York Orr Archibald v. Archibald (Tex.App.- Houston [1st Dist.] Jun. 4, 2009)(Sharp) (attempted post-divorce redivision of benefits fails, divorce decree not ambiguous, res judicata) AFFIRM TC JUDGMENT: Opinion by Justice Sharp Before Chief Justice Radack, Justices Taft and Sharp 01-08-00015-CV Aurore Hope Orr Archibald v. Larry Donald Archibald Appeal from County Court at Law of Washington County Trial Court Judge: Hon. Matthew Reue In Re John W. Small (Tex.App. - Houston [14th Dist.] Feb. 26, 2009)(spousal support mandamus) MOTION OR WRIT DENIED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Boyce 14-08-01075-CV In Re John W. Small Appeal from County Court at Law No 1 of Galveston County Trial Court Judge: MARY NELL CRAPITTO Siddiqui v. Siddiqui (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Hedges) (SAPCR divorce appeal, pro se litigants, intervention by attorney for fees, child support guideline deviation) (pro se family court appeal predictably fails, claim against attorney, attorney's fees) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00235-CV Zahoor Siddiqui v. Masoon Siddiqui and Queta Vera Appeal from 257th District Court of Harris County Trial Court Judge: Judy L. Warne Court of Appeals Reverses Sanctions Imposed by Judge Kuntz In Interest of KACO (Tex. App. – Houston [14th Dist.] Mar. 3, 2009)(Boyce) (SAPCR suit, default judgment Craddock test, motion to set aside default judgment, motion for new trial, sanctions, striking of pleadings, denial of jury trial) REVERSED AND REMANDED: Opinion by Justice Boyce 14-07-00311-CV In the Interest of K.A.C.O & J.C.C.O Appeal from 245th District Court of Harris County Trial Court Judge: Annette Kuntz (fka Galik) Baqdounes v. Nazir (Tex.App.- Houston [1st Dist.] Jan. 29, 2009)(Hanks)(informal marriage, common law marriage, collateral attack on prior divorce decree that omitted SAPCR re child of the marriage, but of another man, void vs. voidable judgment) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Jennings, Hanks and Bland 01-07-01102-CV Selene Lara Mateos Baqdounes v. Nazir Baqdounes Appeal from 246th District Court of Harris County Trial Court Judge: Hon. Jim York Garcia v. Harding (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Jennings) (SAPCR, appointment of father as primary JMC affirmed) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Judge Wilson, Justices Jennings and Bland 01-07-01049-CV Ann Mercadel Garcia v. Robert E. Harding Appeal from 300th District Court of Brazoria County Trial Court Judge: Hon. K. Randal Hufstetler In Interest of RS (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(per curiam) (interlocutory appeal of temporary order in SAPCR termination suit not authorized, DWOJ) DISMISSED: Per Curiam Before Chief Justice Hedges, Justices Guzman and Brown 14-08-00598-CV In the Interest of R.S. Appeal from 310th District Court of Harris County Guillot v. Guillot (Tex.App.- Houston [1st Dist.] June 26, 2008)(Alcala) (child custody appeal, supervised visitation, spousal support) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-06-01039-CV Stuart Guillot v. Debra Guillot Appeal from 387th District Court of Fort Bend County Trial Court Judge: Hon. Robert J. Kern Baugh v. Baugh (Tex.App.- Houston [14th Dist.] May 16, 2008)(Boyce) (divorce, bench warrant denied to incarcerated spouse, denial of counsel) AFFIRMED: Opinion by Justice Boyce 14-07-00391-CV Curtis Lee Baugh v. Bertha L. Baugh Appeal from 312th District Court of Harris County Trial Court Judge: Brent L. Burg Pro se litigant saved money on attorney's fees (his own), but gets ordered to pay wife's - Court of appeals affirms order Patterson v. Patterson (Tex.App. - Houston [14th Dist.] May 13, 2008)(Anderson) (divorce, pro se, waiver of jury trial, local rules, attorney's fees) AFFIRMED: Opinion by Justice Anderson 14-07-00487-CV Richard Steven Patterson v. Gwendolyn Elizabeth Patterson Appeal from 247th District Court of Harris County | Trial Court Judge: Judge Bonnie Crane Hellums Justice Guzman, former Harris County family court judge, writes opinion in divorce appeal covering numerous issues Swaab v. Swaab (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(Guzman) (Divorce SAPCR appeal with broad array of issues relating to parental rights allocation and property division, mediation requirement, and local rules / procedure for entry of decree) AFFIRMED: Opinion by Justice Guzman Before Justices Brock Yates, Fowler and Guzman 14-06-00593-CV David Lawrence Swaab v. Janie Guerra Swaab Appeal from 246th District Court of Harris County | Trial Court Judge: Jim York Sanctions affirmed Curttright v. Curttright (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Hanks)(family law, divorce, sanctions) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley 01-07-00117-CV Lisa Vo Curttright v. Paul Easton Curttright Appeal from 245th District Court of Harris County | Trial Court Judge: Hon. Annette Galik Interim attorneys fees order thrown out In re Heather Sartain (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Nuchia) (family law, temporary order for attorneys fees, mandamus granted, divorce, SAPCR proceedings, order granting interim attorney's fees lifted] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Nuchia Before Justices Nuchia, Hanks and Higley 01-07-00920-CV In re Heather Sartain Appeal from 306th District Court of Galveston County Trial Court Judge: Hon. Janis L. Yarbrough Trial Court rulings affirmed in two appeals from modification cases McLane v. McLane (Tex.App.- Houston [1st Dist.] Dec. 20, 2007)(Hanks)(SAPCR, MTM motion to modify child support, voluntary underemployment) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00634-CV Michael McLane v. Sandra Helene McLane Appeal from 309th District Court of Harris County (Judge Frank Rynd) McMichael v. McMichael (Tex.App.- Houston [1st Dist.] Dec. 13, 2007)(Jennings) (SAPCR modification, MTM, child support increase) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Nuchia, Jennings and Keyes 01-06-01037-CV Henry Cleburne McMichael, IV v. Jackie McMichael Appeal from 311th District Court of Harris County (Hon. Doug Warne) Grandparent Gets Custody of Kids in Parents' Divorce [click link] - Court of Appeals affirms managing conservatorship to grandparents notwithstanding presumption that favors natural parents Father got custody - Wife had anger problems - Court of Appeals affirms Cain v. Cain (Tex.App - Houston [14th Dist.] Nov. 29, 2007)(Anderson)(divorce, SAPCR, primary conservatorship, domestic violence, anger issues, alcohol, Holley v. Adams factors) AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Anderson and Seymore 14-07-00115-CV Carla Ruth Cain v. Anthony Wilfred Cain Appeal from 25th District Court of Colorado County (Hon. Dwight E. Peschel) Baltzer v. Medina 240 S.W.3d 469 (Tex.App- Houston [14th Dist.] Oct. 25, 2007)(per curiam)(SAPCR, motion to modify) REVERSED AND REMANDED: Per Curiam Before Judge Sears, Justices Frost and Seymore 14-05-01271-CV Trudie Lynne Baltzer v. Larry Ruiz Medina Appeal from 310th District Court of Harris County (Hon. Lisa Millard) Intervening grandparents prevail over natural parent in seeking conservatorship of grandchildren - court of appeals affirms Heiskell v. Kendrick (Tex.App.- Houston [14th Dist.] Oct. 26, 2007)(Hedges)(SAPCR, grandparents) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-06-00972-CV Brian K. Heiskell v. Kennith and Sheri Kendrick Appeal from 311th District Court of Harris County (name of judge omitted from docket, Hon. Warne?) Court of Appeals agrees that motion for new trial should not have been stricken Philips v. Philips (Tex.App.- Houston [1st. Dist.] Oct. 18, 2007)(Hanks) (Rule 12 motion to show authority, motion for new trial, MNT) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Taft, Hanks and Higley 01-06-00526-CV Patricia Phillips v. Charles T. Phillip Appeal from County Civil Court at Law No 3 of Harris County (Hon. Roy M. Quintanilla) Notice of Appeal in challenge to Default Divorce based on alternative service was untimely - Attempted appeal dismissed for lack of jurisdiction Alazov . Chmeleva (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(per curiam)(default divorce, substituted service, notice of appeal untimely, no jurisdiction to entertain appeal) DISMISS APPEAL: Per Curiam Before Justices Taft, Hanks and Higley 01-06-00511-CV Andrei Almazov v. Marina Chmeleva Appeal from 310th District Court of Harris County (Hon. Lisa Millard) Justice Jane Bland would grant mother at least supervised visitation - writes dissenting opinion on motion for rehearing O'Connor v. O'Connor, (Tex.App.- Houston [1st Dist.] Sep. 20, 2007)(Dissenting Opinion on motion for rehearing by Justice Bland)(SAPCR, denial of all visitation) Before Justices Nuchia, Hanks and Bland 01-06-00445-CV Jamie R. O'Connor v. Daniel K. O'Connor Appeal from 310th District Court of Harris County (Hon. Lisa Millard, family district court judge) Sanctions for filing lis pendens thrown out on appeal Parker v. Walton (Tex.App.- Houston [14th Dist.] Aug. 28, 2007)(Yates)(divorce, lis pendens, sanctions) REVERSED AND RENDERED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00095-CV Mary Ann Parker v. Sheryl King Walton Appeal from County Court No. 3 of Galveston County (Hon. Roy M. Quintanilla) Bill of Review denied in challenge to decree of divorce with nonmarital child Thomas v. Thomas (Tex.App.- Houston [14th Dist.] Aug. 23, 2007)(Seymore)(bill of review denied, divorce, nonmarital child, parentage litigation) AFFIRMED: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-06-00069-CV William Robert Thomas v. Patricia Russell Thomas Appeal from 245th District Court of Harris County (Judge G. Annette Galik) Texas Supreme Court throws out sanctions in nonparent-SAPCR case In re Moore, No. 06-0544 (Tex. Aug. 31, 2007)(per curiam)(SAPCR, child custody by nonparents, sanctions) Halla v. Halla (Tex.App.- Houston [14th Dist.] Aug. 21, 2007)(Hedges)(SAPCR, MTM, motion to modify, mediated settlement agreement) First Court of Appeals frees mother held in contempt for visitation denial by Houston family court judge Houston appeals court holds that family court judge exceeded her authority in switching custody to the father sua sponte and until further order of the court, grants habeas corpus relief to order mother released from confinement In re Kristin Parks, No. 01-07-00469-CV (Tex.App.- Houston [1st Dist.] Aug. 14, 2007)(Opinion by Justice Bland )(habeas corpus relief granted in family court contempt case)(Before Justices Taft, Hanks and Bland) Appeal from 308th District Court of Harris County (Hon. Georgia Dempster) Court of Appeals grants mandamus in child support contempt case In re Louis Charles Munks (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Higley)(mandamus) (child support contempt) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00094-CV In re Louis Charles Munks, Jr. Appeal from 247th District Court of Harris County (Trial court judge: Hon. Bonnie Hellums) Trial court judge exceeded her authority in clarifying divorce decree Metzger v. Metzger Westbo (Tex.App.- Houston -1st. Dist.] Jun. 7, 2007, pet. denied)(Taft) [family law, divorce, post-divorce suit for clarification order, limited continuing jurisdiction] MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Taft Before Justices Taft, Alcala and Hanks 01-04-00893-CV Mark A. Metzger, Jr. v. Patricia Metzger Westbo Appeal from 247th District Court of Harris County (Hon. Bonnie Hellums) Default Order in SAPCR Affirmed on Appeal Harris v. Burks (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Radack)(SAPCR, default judgment affirmed) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00128-CV William Francis Harris, Sr. v. Thyra Burks Appeal from 247th District Court of Harris County (Honorable Bonnie Hellums) Default Divorce Decree Reversed in Part on Appeal Vazquez v. Maria Vazquez (Tex.App.- Houston [14th Dist.] May 19, 2007)(Seymore)(default divorce decree, restricted appeal) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-05-01257-CV Amadeo Vazquez v. Maria Vazquez Appeal from 300th District Court of Brazoria County (Judge K. Randall Hufstetler) Pro Se Appeal Was Years Late Hutchison v. Price (Tex.App.- Houston [1st Dist.] May 18, 2007)(untimely appeal, DWOJ) DISMISS APPEAL: Per Curiam Before Justices Taft, Jennings and Alcala 01-05-00475-CV Anita Hutchison v. Jesse Price Appeal from 257th District Court of Harris County (Judge Hon. Linda Motheral) What Happens When Spouses Divorce, But Don't Change Their Will? In the Estate of Marvin Nash, No. 05-0538 (Tex. Apr. 20, 2007)(Jefferson)(effect of divorce on will) Payment of Contractual Alimony May Not Be Enforced by Putting Debtor in Jail In Re Alvin Green, No. 06-0496 (Tex. Apr. 20, 2007)(per curiam) (contractual alimony not enforceable by contempt, habeas corpus petition granted) Alvin Green argues he cannot be imprisoned for nonpayment of a contractual alimony obligation incorporated into his divorce decree. We agree that a court order to pay spousal support is unenforceable by contempt if the order merely restates a private debt rather than a legal duty imposed by Texas law. Because the district court’s decree was not “spousal maintenance” ordered under the Family Code but rather was issued solely on the basis of the parties’ private alimony contract, we grant Alvin’s writ of habeas corpus and order him discharged. Grandparents Failed to Meet Statutory Test to Trump Parent in Dispute Over Grandchild In Re Ricky Derzapf, No. 06-0669 (Tex. Mar. 23, 2007)(per curiam) (family law, SAPCR, grandparent visitation suit, parent prevails over grandparent access claim, mandamus granted) Also see In re Mays-Hooper, 189 S.W.3d 777 (Tex. 2006): Troxel v. Granville, 530 U.S. 57 (2000) Removed Guardian May Pursue Appeal Even Though Ward Died Zipp v. Alisa Wuemling, No. 05-0731 (Tex. Mar. 9, 2007)(per curiam) (guardianship dispute not moot following ward's death, replaced former guardian still has justiciable interests at stake) Broesche v. Jacobson (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Yates) [family law, divorce, interpretation of decree, interpleader, sanctions] This appeal arises out of a dispute between appellant Rebecca L. Broesche and appellee John Daniel Jacobson over the interpretation of their 1993 divorce decree. In ten issues, Broesche claims the trial court erred in (a) its interpretation of the decree, (b) awarding attorneys' fees and sanctions against her, and (c) entering a turnover judgment awarding funds interpleaded by appellant Texas Independent Exploration, Inc. ("TIE") to Jacobson. We affirm in part and reverse and remand in part. Does a Boat Qualify as a Homestead for Homestead Protection Purposes in Texas? - No Norris v. Thomas, No. 05-0476 (Tex. Feb. 9, 2007)(Willet) (boat not homestead under Texas homestead law) 2006 Texas Supreme Court Cases involving family law issues Chisholm v. Chismolm, No. 05-0996 (Tex. Dec. 1, 2006)(per curiam)(divorce, property, agreement) In Interest of H.R.M., No. 06-0270 (Tex. Dec. 1 2006)(per curiam) In the Interest of A.M. and B.M., Minors, No. 03-0509 (Tex. May 5, 2006)(Justice David Medina) [child support, child custody, reimbursement claim, offset after custody switch to obligor parent] Sudan v. Sudan, No. 04-0921 (Tex. June 30, 2006)(per curiam)(no economic duress in spousal support agreement) In re Mays-Hooper, 189 S.W.3d 777 (Tex. 2006) (grandparent access to grand child) Kiefer v. Touris (Tex. May 26, 2006)(bill of review, paternity, nonpaternity) In re A.M and B.M. (Tex. May 5, 2006)(custody switch and child support, off-set and reimbursement claims) In Interest of MCC, a minor, No. 04-0787 (Tex. Jan. 27, 2006)(per curiam opinion)(child support arrears) RECENT FAMILY LAW CASES FROM THE HOUSTON COURTS OF APPEALS In Interest of HBNS, (Tex.App.- Houston [14th Dist.] Jul. 17, 2007)(Anderson) Bolton v. Schultz (Tex.App.- Houston [14th Dist.] Jul. 17, 2007)(Anderson)(SAPCR, intervention, adoption dispute) Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10, 2007)(Hudson)(family trust, standing doctrine) Concurring Opinion by Justice Guzman in Moon v. Lesikar (Tex.App.- Houston [14th Dist.] Jul. 10, 2007) (Guzman, concurring) Malekzadeh v. Rebecca Malekzadeh (Tex.App.- Houston [14th Dist.] Jul. 3, 2007)(Hudson)(divorce case) In re Louis Charles Munks (Tex.App.- Houston [1st Dist] Jun. 28, 2007)(Higley)(mandamus) (child support contempt) GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Higley (Before Chief Justice Radack, Justices Keyes and Higley) 01-07-00094-CV In re Louis Charles Munks, Jr. Appeal from 247th District Court of Harris County (Trial court judge: Hon. Bonnie Hellums) McKay v. DFPS (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Jennings)(termination of parental rights) (Jennings) AFFIRM TC JUDGMENT: Opinion by Justice Jennings Before Justices Taft, Jennings and Alcala 01-06-00568-CV Sandra McKay v. Department of Family and Protective Services Appeal from 313th District Court of Harris County (Hon. Pat Shelton) Harris v. Burks (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Radack)(SAPCR, default judgment affirmed) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00128-CV William Francis Harris, Sr. v. Thyra Burks Appeal from 247th District Court of Harris County (Judge Bonnie Hellums) Metzger v. Metzger Westbo (Tex.App.- Houston -1st. Dist.] Jun. 7, 2007)(Taft) [family law, divorce, post-divorce suit for clarification order, limited continuing jurisdiction] MODIFY TC JUDGMENT AND AFFIRM TC JUDGMENT AS MODIFIED: Opinion by Justice Taft Before Justices Taft, Alcala and Hanks 01-04-00893-CV Mark A. Metzger, Jr. v. Patricia Metzger Westbo Appeal from 247th District Court of Harris County (Hon. Bonnie Hellums) In Re Brownhill (Tex.App.- Houston [14th Dist.] Jun. 7, 2007)(Edelman)(child support contempt, enforcement, contempt order void, due process denied, ability-to-pay defense) MOTION OR WRIT GRANTED: Opinion by Justice Edelman Before Justices Brock Yates, Edelman and Seymore 14-07-00346-CV In Re: James Steven Brownhill Appeal from 310th District Court of Harris County (Judge Lisa A. Millard) French v. French (Tex.App.- Houston [14th Dist.] May 24, 2007)(per curiam) DISMISSED: Per Curiam [failure to file brief] Before Justices Brock Yates, Edelman and Seymore 14-06-00896-CV Marvin Dennis French v. Charlene J. French Appeal from 257th District Court of Harris County (Judge Linda Motheral) In Interest of A.A.M. (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman) [family law, SAPCR, MTM, motion to modify SAPCR order, father custody] AFFIRMED: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00740-CV In the Interest of A.A.M and C.E.M., Minor Children Appeal from 257th District Court of Harris County (Hon. Linda Motheral) Zavala v. Zavala (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman)(marital property division) [family law, divorce, division of property, award of 100% of equity in home, agreement by parties] AFFIRMED: Opinion by Justice Guzman Before Justices Frost, Seymore and Guzman 14-06-00081-CV Paul Zavala v. Evelyn Zavala Appeal from 246th District Court of Harris County (no judge shown on docket) Beistel v. Allen (Tex.App.- Houston [1st Dist.] May 31, 2007)(Bland)(child support) [family law, child support, termination of wage withholding order] REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-06-00276-CV Elizabeth Beistel v. Robert Theodore Allen, Jr. Appeal from 246th District Court of Harris County (Hon. Jim York) Appellant Elizabeth Beistel appeals the trial court’s termination of two wage-withholding orders against appellee Theodore Allen. In four issues, Beistel contends (1) the trial court lacked subject matter jurisdiction to terminate the wage-withholding orders, (2) Beistel was an indispensable party to the termination hearing, (3) the trial court abused its discretion in terminating the wage-withholding orders because the evidence is legally and factually insufficient to support the trial court’s findings that Allen overpaid his child support obligation and that no child support was due and owing, and (4) the trial court terminated the wage-withholding orders based on an incorrect legal theory. We conclude that (1) the trial court had jurisdiction to terminate the wage-withholding orders, (2) Beistel made a general appearance at the termination hearing, and (3) the trial court abused its discretion in terminating the wage-withholding orders. We therefore reverse. Office of the Attorney General of Texas v. Joe V. Phillips Tex.App.- Houston [1st Dist.] May 31, 2007) (Hanks)(void judgment, past child support, OAG, AG cases) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Hanks Before Justices Nuchia, Hanks and Bland 01-05-00973-CV The Office of the Attorney General of Texas v. Joe V. Phillips Appeal from 311th District Court of Harris County (Judge Doug Warne) Because we have concluded that neither the 1986 decree nor the 1992 order is void, we reverse the judgment confirming arrears at $0 and ordering the Attorney General to return funds levied from Phillips's bank account. We remand Phillips's motion to confirm child support arrearages to the trial court for further consideration. Broesche v. Jacobson (Tex.App.- Houston [14th Dist.] Mar. 8, 2007)(Justice Yates) [family law, divorce, interpretation of decree, interpleader, sanctions] This appeal arises out of a dispute between appellant Rebecca L. Broesche and appellee John Daniel Jacobson over the interpretation of their 1993 divorce decree. In ten issues, Broesche claims the trial court erred in (a) its interpretation of the decree, (b) awarding attorneys' fees and sanctions against her, and (c) entering a turnover judgment awarding funds interpleaded by appellant Texas Independent Exploration, Inc. ("TIE") to Jacobson. We affirm in part and reverse and remand in part. Former wife prevails in post-divorce suit for 50% of retirement plan monies not divided in divorce decree Ezirike v. Ezirike (Tex.App.- Houston [1st Dist.] May 17, 2007)(Alcala)(retirement plan) [family law, divorce, retirement benefits, suit for post-divorce partition of community property, 401K] AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Taft, Jennings and Alcala 01-05-00090-CV Robert O. Ezirike v. Eucharia Ezirike Appeal from 328th District Court of Fort Bend County (Hon. Judge Ronald Pope) Mandatory Venue in Family Law Case enforced by Mandamus In re Wilson (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(Hanks) [mandamus, venue, MTV, family law, children six month residency, court of continuing jurisdiction] GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-07-00013-CV In re Ronnie D. Wilson Appeal from 245th District Court of Harris County (Hon. Annette Galik) Houston Appeals Court Holds Grandparent Had Standing to Intervene - Custody Properly Awarded to Grandmother; No abuse of discretion in limiting parental rights of mother despite presumption in favor of natural parents Whitworth v. Whitworth (Tex.App.- Houston [1st Dist.] Mar. 16, 2007)(Hanks)(subst. opinion on rehearing) [family law, SAPCR, SMC, grandparents, standing to intervene] "Based on our review of the evidence, we conclude that the trial court did not abuse its discretion in appointing Carol as the sole managing conservator after finding, by a preponderance of credible evidence, that appointing Tammy as a managing conservator would result in serious physical or emotional harm to K.C. See Brook, 881 S.W.2d at 298. We also hold that the trial court did not abuse its discretion in awarding Tammy less than standard possession." Default Judgment in Parentage Action Reversed in Part in Restricted Appeal, No evidence regarding father's earnings, retroactive child support factors, or best interest in denying any and all visitation - Bio Dad waived statute of limitations defense by failing to plead it. Miles v. Peacock and AG (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland) [family law, restricted appeal, default judgment, retroactive child support, paternity, limitations] AFFIRM TC JUDGMENT IN PART, REVERSE TC JUDGMENT IN PART, AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-06-00313-CV In The Matter of the Marriage of Bridget Peacock and Carnell Peacock Appeal from 247th District Court of Harris County (Judge Bonnie Hellums) We conclude that Miles has waived any statute of limitations defense and therefore affirm that portion of the trial court’s judgment adjudicating his paternity of N.S.P. With respect to the portions of the judgment awarding child support and denying possession, we conclude that insufficient evidence supports the trial court’s findings and therefore reverse and remand for further proceedings. In re Wilson (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(Hanks) [mandamus, venue, family law} GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-07-00013-CV In re Ronnie D. Wilson Appeal from 245th District Court of Harris County (Hon. Annette Galik) Gana v. Gana (Tex.App. - Houston [14th Dist.] Apr. 24, 2007)(Fowler) [family law, divorce, property division reversed] REVERSED AND REMANDED: Opinion by Justice Fowler Before Chief Justice Hedges, Justices Fowler and Edelman 14-05-00601-CV Bradley Jay Gana v. Susan Ruth Gana Appeal from 310th District Court of Harris County (Judge Lisa A. Millard) Dade v. Dade (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Hanks) [family law, divorce, QDRO] AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Taft, Alcala and Hanks 01-05-00912-CV Thelma Jean Dade v. Johnny Dade Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Monk v. Pomberg (Tex.App. - Houston [1st. Dist.] Mar. 29, 2007)(Alcala)(subst. opinion on motion for rehearing) (UDJA, divorce, SAPCR, pro se) In re Schoelpple (Tex.App.- Houston [14th Dist.] Feb. 13, 2007)(per curiam denial) [family law, SAPCR, grandparent access, effect of nonsuit on intervention] MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Brock Yates and Seymore 14-06-01038-CV In Re: Cindy Schoelpple Appeal from 312th District Court of Harris County (Judge Jim Squier) In re Montalvo, No. 01-06-00734-CV (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(per curiam denial of mandamus) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam Before Justices Nuchia, Jennings and Higley 01-06-00734-CV In re Jesus Jay Montalvo Appeal from 311th District Court of Harris County (Hon. Doug Warne) In re Jesus Montalvo, No. 01-06-00965-CV (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(per curiam denial of mandamus)(protective order) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Nuchia, Jennings and Higley) 01-06-00965-CV In re Jesus (Jay) Montalvo Appeal from 311th District Court of Harris County (Hon. Bruce Wettman, visiting judge) In re Ortega (Tex.App.- Houston [1st Dist.] Jan. 4, 2007)(per curiam denial of mandamus, protective order) DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (Before Justices Nuchia, Jennings and Higley) 01-06-00996-CV In Re Randy Ortega Appeal from 308th District Court of Harris County (Hon. Georgia Dempster) Termination of Parental Rights Cases: see separate page |
| Family Law Decisions from the Texas Supreme Court and from the Houston Courts of Appeals Houston Opinions |
| Houston Family District Courts and Family Court Judges in the Harris County Family Law Center (photo above) 245th District Court Judge Annette Kuntz (Galik) 246th District Court Judge Jim York 247th District Court Judge Bonnie Crane Hellums 257th District Court Judge Judy Warne 308th District Court Judge Georgia Dempster 309th District Court Judge Frank B. Rynd 310th District Court Judge Lisa Millard 311th District Court Judge Doug Warne 312th District Court Judge Roberto Hinojosa (2009) 312th District Court Judge David Farr (2008) Located at 1115 Congress Ave. - Houston, TX 77002 ---> Other Houston Courts and Judges |
In determining the issue of conservatorship, the best interest of the child is always the primary
consideration. Tex. Fam. Code Ann. § 153.002 (Vernon 2002); Lenz v. Lenz, 79 S.W.3d 10, 14 (Tex. 2002).
The public policy of this state is to (1) assure that children will have frequent and continuing contact with
parents who have shown the ability to act in the best interest of the child, (2) provide a safe, stable, and
nonviolent environment for the child, and (3) encourage parents to share in the rights and duties of raising
their child after the parents have separated or dissolved their relationship. Tex. Fam. Code Ann. § 153.001
(a) (Vernon 2002). The fact-finder designates which managing conservator will have the exclusive right to
designate the child's primary residence. Id. § 153.134(b)(1) (Vernon Supp. 2008); see also id. § 105.002
(c)(1) (Vernon Supp. 2008) (noting that trial "court may not contravene a jury verdict on" appointment of
joint managing conservators and determination of primary residence of child).
consideration. Tex. Fam. Code Ann. § 153.002 (Vernon 2002); Lenz v. Lenz, 79 S.W.3d 10, 14 (Tex. 2002).
The public policy of this state is to (1) assure that children will have frequent and continuing contact with
parents who have shown the ability to act in the best interest of the child, (2) provide a safe, stable, and
nonviolent environment for the child, and (3) encourage parents to share in the rights and duties of raising
their child after the parents have separated or dissolved their relationship. Tex. Fam. Code Ann. § 153.001
(a) (Vernon 2002). The fact-finder designates which managing conservator will have the exclusive right to
designate the child's primary residence. Id. § 153.134(b)(1) (Vernon Supp. 2008); see also id. § 105.002
(c)(1) (Vernon Supp. 2008) (noting that trial "court may not contravene a jury verdict on" appointment of
joint managing conservators and determination of primary residence of child).