Most recent decisions from the Houston Courts of Appeals in divorce appeals Economic Contribution Claim Rejected - Complaint about lien on homestead waived Stoker v. Stoker (Tex.App.- Houston [1st Dist.] Nov. 6, 2008)(Keyes) (divorce, property division, economic contribution claim) AFFIRM TC JUDGMENT: Opinion by Justice Keyes Before Justices Taft, Keyes and Alcala 01-07-00056-CV Ronnie H. Stoker v. Diane Fischer Stoker Appeal from 310th District Court of Harris County Trial Court Judge: Hon. Lisa Millard Marcum v. Marcum (Tex.App.- Houston [1st Dist.] June 12, 2008)(Alcala) (divorce case, property division, alter ego, piercing corporate veil, jury selection, peremptory challenges) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Justices Nuchia, Alcala and Hanks 01-04-01062-CV Kenneth Ray Marcum v. Darlene J. Marcum Appeal from 245th District Court of Harris County Trial Court Judge: Hon. Annette Galik Court of Appeals agrees that elements of common-law (informal) marriage were present Quinn v. Milanizadeh (Tex.App.- Houston [1st Dist.] Apr. 24, 2008) (Higley) (divorce law, elements of common law marriage, trial by associate judge vs. presiding judge, waiver of objection) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Hanks and Higley 01-07-00489-CV Tyrone Michael Quinn v. Shaleh Rene Milanizadeh Appeal from 308th District Court of Harris County Trial Court Judge: Hon. Georgia Dempster In Texas, common-law marriage can be proven by showing that the parties (1) agreed to be married; (2) cohabitated in Texas as husband and wife; and (3) represented to others that they were married. Tex. Fam. Code Ann. § 2.401(a)(2) (Vernon 2006); Russell v. Russell, 865 S.W.2d 929, 932 (Tex. 1993); Eris v. Phares, 39 S.W.3d 708, 713 (Tex. App.—Houston [1st Dist.] 2001, pet. denied). As the proponent of the marriage, Milanizadeh had the burden of proof on these elements. Lewis v. Anderson, 173 S.W.3d 556, 559 (Tex. App.—Dallas 2005, pet. denied); Jenkins v. Jenkins, 16 S.W.3d 473, 480 (Tex. App.—El Paso 2000, no pet.). The existence of a common-law marriage is a question of fact to be resolved by the fact- finder. Jenkins, 16 S.W.3d at 480. Supreme Court addresses fraudulent transfer/sale of community property issue Chu v. Hong, No. 06-0127 (Tex. Mar. 28, 2008)(Brister)(family law, divorce, property transfer to third parties, fraudulent transfer, fraud on community by spouse not actionable as independent tort, no double recovery) WILLIAM CHU v. CHONG HUI HONG; from Tarrant County; 2nd district (02-04-00279 CV, 185 S. W.3d 507, 10-20-05) Justice Brister delivered the opinion of the Court. Recent appellate domestic relations decisions involving property and spousal support issues from Houston Courts McCall v. Smith (Tex.App.- Houston [14th Dist.] Apr. 3, 2008)(Guzman) (divorce and life insurance, probate court) REVERSED AND RENDERED IN PART AND REMANDED IN PART: Opinion by Justice Guzman 14-07-00032-CV Mary Linda McCall v. David Wayne Smith, Ryan Dylan Williams, Anna Elaine Harris, and Dana L. Mayor (f/ka/a Dana L. Monford), Individually and as Temporary Administrator of the Estate of Leslie H. WIlliams, Jr.--Appeal from Probate Court No 1 of Harris County Trial Court Judge: Russel P. Austin 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 [Kuntz] Olvera v. Olvera (Tex.App.- Houston [1st Dist.] Mar. 6, 2008)(Higley) (family law, mediated settlement agreement stands) AFFIRM TC JUDGMENT: Opinion by Justice Higley 01-07-00231-CV Maria Reyna Olvera v. Jose Pablo Olvera Appeal from 247th District Court of Harris County Trial Court Judge: Hon. Bonnie Hellums Witte v. Witte (Tex. App.- Houston [14th Dist.] Feb. 21, 2008)(Edelman)(family law, divorce property division, erroneous characterization of marital property, separate and community property) AFFIRMED: Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-00768-CV Gerard Alan Witte v. Cynthia Grace Witte Appeal from 312th District Court of Harris County (Judge James D. Squier) World Savings Bank v. Gantt (Tex.App.- Houston [14th Dist.] Jan. 17, 2008)(Anderson)(lis pendens, fraudulent transfer of assets to paramour, real estate transaction, bona fide, good faith) REVERSED AND REMANDED: Opinion by Justice Anderson Before Judge Sears, Justices Brock Yates and Anderson 14-05-00833-CV World Savings Bank, F.S.B. v. Carol Gantt Appeal from 309th District Court of Harris County (Judge Frank Barlow Rynd) Insurance company interpleads proceeds in dispute over life insurance beneficiary following divorce Chapman v. Abbot (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Bland)(divorce, life insurance beneficiary) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00940-CV Patsy Chapman v. Rachel K. Abbot, Treva J. Burks, Rebecca A. Sheehan Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) Trial court's amended divorce judgment based on agreement and arbitration affirmed in second appeal Engineer v. Engineer II No. 14-06-01099-CV Tex.App.- Houston [14th Dist.] Jan. 15, 2008)(Seymore) (family law, divorce, mediated settlement agreement, MSA, arbitration award, second appeal, remand, mandate) AFFIRMED: Opinion by Justice Seymore Before Chief Justice Hedges, Justices Anderson and Seymore Katy Engineer v. Mike Engineer Appeal from 387th District Court of Fort Bend County (Judge Robert J. Kern) Justices on Court of Appeals panel disagree in property case involving prenup Williams v. Williams (Tex.App.- Houston [Nov. 29, 2007)(Fowler)(divorce, prenuptial agreement) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Fowler Before Justices Fowler, Edelman and Frost 14-05-00975-CV Mona Ellen Williams v. Billy Jack Williams Appeal from 328th District Court of Fort Bend County (Hon. Ronald R. Pope) Edelman dissented in Williams v. Williams (Tex.App. - Houston [14th Dist.] Nor. 29, 2007)(Dissent by Edelman)(prenup, separate or community property) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Dissenting Opinion by Justice Edelman Before Justices Fowler, Edelman and Frost 14-05-00975-CV Mona Ellen Williams v. Billy Jack Williams Appeal from 328th District Court of Fort Bend County (Hon. Ronald R. Pope) Sheikh v. Sheikh (Tex.App.- Houston [1st Dist.] Nov. 1, 2007)(Taft)(divorce, property division, tort damages) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-05-00218-CV Wasim Ahmed Sheikh v. Shama Sheikh Appeal from 311th District Court of Harris County (Hon. Doug Warne) In Re McCormick (Tex.App.- Houston [14th Dist.] Oct. 25, 2007)(per curiam) (divorce property division enforcement, receiver) MOTION OR WRIT DENIED: Per Curiam Before Chief Justice Hedges, Justices Frost and Seymore 14-07-00712-CV In Re: William E. McCormick, Jr. Appeal from County Court No. 3 of Galveston County (Hon. Roy M. Quintanilla) Fault may be considered in dividing property even if divorce is granted on no-fault grounds Mohindra v. Mohindra (Tex.App. - Houston [14th Dist.] Oct. 23, 2007)(Fowler)(divorce, fault grounds, unequal division of property, retirement division, QDRO, 401K, IRA retirement funds) 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) Insurance company inperleads proceeds in dispute over life insurance beneficiary following divorce Chapman v. Abbot (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(Bland)(divorce, life insurance beneficiary) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Alcala and Bland 01-06-00940-CV Patsy Chapman v. Rachel K. Abbot, Treva J. Burks, Rebecca A. Sheehan Appeal from 280th District Court of Harris County (Hon. Tony Lindsay) 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, 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 Co Civil Ct 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) Sanctions for filing lis pendens thrown out on appeal Parker v. Walton (Tex.App.- Houston [14th Dist.] Aug. 28, 2007)(Yates) (divorce, real estate law, 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) 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) 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) 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 of court, habeas 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. Nowzradan v. Nowzaradan (Tex.App.- Houston [1st Dist.] Feb. 8, 2007)(Radack) (divorce, property division) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack (Before Chief Justice Radack, Justices Jennings and Bland) 01-05-00094-CV Younan Nowzaradan v. Delores Nowzaradan Appeal from 311th District Court of Harris County Trial Court Judge: Hon. Doug Warne 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, home owner law) 2006 Chisholm v. Chismolm, No. 05-0996 (Tex. Dec. 1, 2006)(per curiam)(divorce, property, agreement) Sudan v. Sudan, No. 04-0921 (Tex. June 30, 2006)(per curiam)(no economic duress in spousal support agreement) RECENT FAMILY LAW CASES FROM THE HOUSTON COURTS OF APPEALS 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) 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) 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) 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) 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 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 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) Also see: Other Family Law Cases from Houston courts Appeals including paternity and custody cases (SAPCR) Cases involving grandparent rights and access to grand children Termination of parental rights cases and CPS abuse and neglect cases from Houston courts of appeals |
| Texas Divorce Law: Marital Property Cases from the Houston Courts of Appeals Houston Opinions |
Houston Family Courts and Family Court Judges 245th District Court Judge Annette Galik Judge Annette Galik is now Judge Annette Kuntz 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 David Farr (thru 2008) 312th District Court Judge Robert Hinojosa (2009-) Harris County Family Law Center Located at 1115 Congress Ave. - Houston, TX 77002 Other Houston Courts and Judges Houston Opinions Home Page |