For Judge Jim York's photo and contact info for this family district court
see ---> official county web page of 246th District Court (Honorable Jim York)
RECENT APPEALS CASES OUT OF JUDGE YORK'S COURT
Kite v. Kite (Tex.App.- Houston [1st Dist.] Mar. 11, 2010)(Alcala)(separate property in divorce, inception of
title rule) (spouse's separate property may not be awarded to the other spouse in division of community
property)
[Court of Appeals holds that] the trial court erred in divesting Michael of his separate property. This
necessitates remand for a new division of the community estate. We reverse the portion of the final
decree of divorce that divides the marital estate. We remand for a new division of the community estate
and other appropriate proceedings. We affirm the final decree of divorce in all other aspects.
AFFIRM TRIAL COURT JUDGMENT IN PART, REVERSE TRIAL COURT JUDGMENT IN PART, AND
REMAND CASE TO TRIAL COURT FOR FURTHER PROCEEDINGS: Opinion by Justice Alcala
Before Chief Justice Radack, Justices Alcala and Higley
01-08-00643-CV Michael David Kite v. Kendra Senja Kite
Appeal from 246th District Court of Harris County
Trial Court Judge: Hon. Jim York
In re Coritino (pdf) (Tex.App.- Houston [1st Dist.] Jan. 26, 2010)(per curiam)
By petition for writ of mandamus, relator, John Cortino, challenges the trial court's denial of his motion to
proceed in forma pauperis. The trial court has informed this Court that Cortino's motion to proceed in
forma pauperis was denied in error, and that John Cortino may proceed without payment of costs.
We dismiss the petition for writ of mandamus as moot. The stay entered January 25, 2010, is lifted. All
outstanding motions are overruled as moot.
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Jennings, Hanks and Bland
01-10-00034-CV In re John Cortino
Appeal from 246th District Court of Harris County
Trial Court Judge: Hon. Jim York
Sharma v. Routh (pdf) (Tex.App.- Houston [14th Dist.] Dec. 3, 2009)(Concurrence by Hedges)(divorce, characterization of
property)
(Because the trial court mischaracterized a portion of the marital property, namely the trust income from Alice's
testamentary trusts, the majority correctly reverses and remands this case. Although I agree with the majority's disposition,
I would reverse and remand for different reasons. I therefore concur in the judgment only and write separately to explain
my reasons.)
CONCURRING: Concurring Opinion by Chief Justice Hedges
14-06-00717-CV Timothy L. Sharma v. Lisa C. Routh
Appeal from 246th District Court of Harris County
Trial Court Judge: Jim York
Knight v. Knight (Tex.App.- Houston [14th Dist.] Oct. 29, 2009)(Hedges)
(divorce property division, reimbursement claim, preservation of error for appellate review)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00424-CV Monica Faye Knight v. Bobby Wayne Knight
Appeal from 246th District Court of Harris County
Trial Court Judge: Jim York
Sharma v. Routh (Tex.App.- Houston [14th Dist.] Oct. 8, 2009)(Frost)
(community vs separate property, marital, family trust income)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost
Before Chief Justice Hedges, Justices Frost and Guzman
14-06-00717-CV Timothy L. Sharma v. Lisa C. Routh
Appeal from 246th District Court of Harris County
Trial Court Judge: Jim York
Appeal Challenging Trial Court's Post-Divorce Enforcement Actions Fails Kerr v. Kerr (Tex.App.- Houston [14th Dist.] Sep.
22, 2009)(Yates) (post-divorce enforcement of property division, no modification of substance of decree)
AFFIRMED: Opinion by Justice Brock Yates
Before Chief Justice Hedges, Justices Brock Yates and Frost
14-08-00529-CV In The Matter of the Marriage of Don Scott Kerr and Gabriella A. Kerr
Appeal from 246th District Court of Harris County
Trial Court Judge: Jim York
Divorce Decree Found Partially Invalid for Want of Personal Jurisdiction over Nonresident Spouse Church v. Quick (Tex.
App.- Houston [14th Dist.] Jul. 14, 2009)(Guzman)(restricted appeal, a nonresident spouse)(Because the trial court lacked
personal jurisdiction over the nonresident spouse, the court of appeals modifies the judgment to eliminate all relief other
than the divorce and affirms the judgment as modified.)
AFFIRMED AS MODIFIED: Opinion by Justice Guzman
Before Justices Anderson, Guzman and Boyce)
14-08-00131-CV Joyce Gail Church v. Kenneth Richard Quick
Appeal from 246th District Court of Harris County
Trial Court Judge: Jim York
Beware of the Serial Wife: Concealment of numerous prior marriages & divorces prompts counterclaim for annulment
based on fraud in the inducement
Leax v. Leax (Tex.App.- Houston [1st Dist.] Jun. 11, 2009) (Keyes)
(suit for annulment, marriage and divorce fraud, serial wife, pattern of domestic violence allegations, concealment of
numerous prior marriages and divorces, 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
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
In the Interest of D.A.P. (Tex.App.- Houston [1st Dist.] Aug. 26, 2008)(Seymore)
(child support, SAPCR, UCCJEA OAG suit, modification, counterclaim, jurisdiction, out-of-state parent, no service)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Fowler, Frost and Seymore
14-06-00975-CV In the Interest of D.A.P
Appeal from 246th District Court of Harris County
Trial Court Judge: Jim York
In three issues, Bishop contends the trial court (1) lacked subject-matter jurisdiction to modify a Washington state court
custody order, (2) violated her due process rights by modifying a child custody order without providing notice or a hearing,
and (3) lacked personal jurisdiction to modify parental rights previously determined by a Washington state court. The trial
court's unchallenged child support order is affirmed. We reverse and remand the trial court's order pertaining to custody of
D.A.P.
In Interest of S.R.B. (Tex.App.- Houston [14th Dist.] July 24, 2008)(Seymore) (family law, nonpaternity)
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore
Before Justices Fowler, Frost and Seymore
14-06-00864-CV In the Interest of S.R.B
Appeal from 246th District Court of Harris County
Trial Court Judge: Jim York
Attorneys: Rhonda Amkraut Pressley, John B. Worley | Jermaine Braxton Flowers, pro se
The trial court signed an "Adjudication of Nonparentage," ruling that Jermaine Braxton Flowers is not the biological father of
two minor children: T.M.T. and S.R.B. The Attorney General of Texas appeals from the portion of the order finding that an
"Acknowledgment of Paternity" ("AOP") executed by Flowers was invalid and adjudicating his non-paternity relative to S.R.B.
[1] In a single issue, the Attorney General contends the trial court=s ruling violated pertinent provisions of the Texas Family
Code. We reverse and remand the portion of the Adjudication of Nonparentage in which the trial court ruled the AOP was
invalid and adjudicated Flowers=s non-paternity relative to S.R.B. We affirm the unchallenged portion of the Adjudication of
Nonparentage concerning T.M.T.
Swaab v. Swaab (Tex.App.- Houston [14th Dist.] Apr. 24, 2008)(Guzman)
(divorce SAPCR appeal, requirement to attempt ADR prior to future modifications)
AFFIRMED: Opinion by Justice Eva Guzman, a former family court judge
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
In sum, David has not established that the trial court abused its discretion in determining the issues presented regarding
child support and conservatorship. We have also concluded that the trial court did not err by ordering David to repay the
loans owed to his mother, Ruth. Further, David's complaints regarding the division of the marital estate are without merit
because the parties settled this issue by entering into a Rule 11 Settlement Agreement, which David did not repudiate
before judgment was rendered. In addition, David did not preserve his complaints regarding income tax liability, the owelty
lien on the Fairhope Property, and sole managing conservatorship. Finally, we conclude that David failed to show that the
trial court abused its discretion regarding the amount of time it permitted for review of the proposed divorce decree and by
requiring the parties to attempt mediation prior to modification of the divorce decree. Having overruled each of David's
issues, we affirm the judgment of the trial court.
DISMISSED: Per Curiam (settled at mediation) (Mar. 6, 2008)
Before Chief Justice Hedges, Justices Anderson and Boyce
14-07-01012-CV Garry Edward Moulton v. Shella Faye Moulton
Appeal from 246th District Court of Harris County (Judge Jim York)
In Re Reese (Tex.App. - Houston [1st Dist.] Dec. 13, 2007)(per curiam)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam (order not included)
Before Chief Justice Radack, Justices Alcala and Bland
01-07-00787-CV In re Roderick L. Reese
Appeal from 246th District Court of Harris County (Hon. Jim York)
Mohindra v. Mohindra (Tex.App. - Houston [14th Dist.] Oct. 23, 2007)(Fowler)
(divorce, fault grounds, unequal division of property, retirement division)
AFFIRMED: Opinion by Justice Fowler
Before Justices Brock Yates, Fowler and Guzman
14-06-00056-CV Chander Mohindra v. Sudha Mohindra
Appeal from 246th District Court of Harris County (Hon. Jim York)
Beistel v. Allen (Tex.App.- Houston [1st Dist.] May 31, 2007)(Justice Bland)
[family law, child support, termination of wage withholding]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-06-00246-CV Elizabeth Beistel v. Robert Theodore Allen, Jr.
Appeal from 246th District Court of Harris County (Judge Jim York)
Skadden v. Traquis Alfonso (Tex.App. - Houston [14th Dist.] Oct. 31, 2006)(Frost)
[family law, jurisdiction, in personam, in rem, special appearance, defect in service, service by publication, international
child custody disputes, Hague convention, restricted appeal, bill of review, enforcement action] REVERSED AND
REMANDED: Justice Frost
Before Justices Hudson, Frost and Seymore)
14-05-00488-CV Michael Skadden v. Ana Maria Tarquis Alfonso
14-05-00489-CV Michael Skadden aka Michael James Skadden, Relator v. Ana Maria Tarquis Alfonso
Appeal from 246th District Court of Harris County (Hon. Jim York)
See subsequent Texas Supreme Court decision: Alfonso v. Skadden, No. 07-0321 (Tex. Mar. 28, 2008)(per curiam) (child
custody jurisdiction, international family law, service by publication)
ANA MARIA TARQUIS ALFONSO v. MICHAEL SKADDEN; from Harris County; 14th district (14-05-00489-
CV & 14-05-00488-CV, ___ S.W.3d ___, 03-06-07)
Opinion below: Skadden v. Tarquis (Tex. App.- Houston [14th Dist.] Mar. 6, 2007, pet. filed)
Gainous v. Gainous (Tex.App.- Houston [1st Dist.] Dec. 21, 2006)(Taft)(opinion on rehearing)
Gainous v. Gainous, 219 S.W.3d 97, 103 (Tex.App.- Houston [1st Dist.] 2006, pet. filed)
[family law, divorce, retirement funds, QDRO, benefits, COLA, plenary jurisdiction, collateral attack]
REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS:
Opinion by Justice Taft
Before Justices Taft, Keyes and Hanks
01-04-00427-CV Brenda Joyce Gainous v. Thomas Earl Gainous
Appeal from 246th District Court of Harris County
Concurring Opinion by Justice Keyes
Concurring Opinion by Justice Hanks
I join the judgment only, and I write separately and respectfully to express my disagreement
with the Texas Supreme Court's opinion in Reiss v. Reiss, 118 S.W.3d 439 (Tex. 2003), and
to urge the supreme court to revisit that authority.
In re B.G. and A.G. (Tex.App.–Houston [14th Dist.] June 13, 2006)(Justice Seymore)
(SAPCR, motion to modify, modification, injunction: civil vs. family, temporary, permanent)
AFFIRMED: Opinion by Justice Seymore
Before Justices Hudson, Frost and Seymore
14-04-00944-CV In the Interest of B.G. and A.G.
Appeal from 246th District Court of Harris County (Hon. Jim York)
Zavala v. Zavala (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman)(divorce property division)
[family law, divorce, division of property, 100% of 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)
In the Interest of L.A.M. (Tex.App.- Houston [14th Dist.] Jan 24, 2006)(Chief Justice Hedges)
(SAPCR, visitation, temporary orders, final order)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Brock Yates and Anderson
14-05-00166-CV In The Interest of L.A.M., a Child
Appeal from 246th District Court of Harris County (Judge Jim York)
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