Hon. Jim York | Family Court Judge in Houston Texas | Recent Appeals from the 246th District Court

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see ---> official county web page of 246th District Court (Hon orable Jim York)

RECENT APPEALS CASES OUT OF JUDGE YORK'S COURT

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 Al f onso (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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