Terminology: Enforcement of Final Decree of Divorce | QDROs | Suit for Clarification | Partition Suit | Undisclosed Assets | Undivided Community Property | Property omitted from decree of divorce | Res Judicata and claims preclusion exceptions | division of retirement benefits | QDRO Recent Cases from Houston Motion for New Trial Denied: No New Evidence, Lack of Diligence in Developing Evidence Sheshtawy v. Sheshtawy, (Tex.App.- Houston [14th Dist.] Nov. 18, 2008)(Hudson) (divorce, property, motion for new trial based on claim of new evidence fails, diligence, cumulative evidence) AFFIRMED: Opinion by Justice Hudson Before Chief Justice Hedges, Justices Hudson and Brown 14-07-00227-CV Amal Sheshtawy v. Adel Sheshtawy, Drill Bit Industries, Inc. and Tri-Max Industries, Inc.--Appeal from 309th District Court of Harris County Trial Court Judge: Judge Frank Barlow Rynd Court of appeals declared clarification order void In Re Kenefick (Tex.App.- Houston [14th Dist.] Aug. 19, 2008)(Seymore) (mandamus in family court case, order on motion for clarification void, motion to compel) GRANTED IN PART AND DENIED IN PART: Opinion by Justice Charles Seymore Before Justices Fowler, Frost and Seymore 14-08-00203-CV In Re Brian Kenefick Appeal from 308th District Court of Harris County We conditionally grant the petition for a writ of mandamus with respect to the clarification order and direct the trial court to vacate its February 14, 2008 clarification order. We deny the petition for writ of mandamus, without prejudice, with respect to the order granting the motion to compel. Trial Court Judge: Judge Georgia Dempster Concurring Opinion by Justice Frost in In Re Kenefick (re: clarification order) Messina v. Messina (Tex.App- Houston [1st Dist.] July 24, 2008)(Bland) (divorce post-judgment proceeding, undisclosed assets, MSA, sanctions, dismissal with prejudice following nonsuit) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00277-CV Susan Gail Messina v. Louis Anthony Messina Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster Ezirike v. Ezirike (Tex.App.- Houston [1st Dist.] May 17, 2007)(Alcala)(family law, retirement plan) [divorce property division, retirement funds, 401K, post-divorce division of community property, Rule 11 agreement] 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) |
Appellate Case Law on Post-Divorce Proceedings from the Houston Courts of Appeals Houston Opinions |