An appellee bears the burden of proving that an appellant is estopped from challenging the judgment by appeal under the acceptance-of-benefits doctrine.  When the doctrine applies, an appeal is rendered moot and the appeal should be dismissed.  The doctrine does not apply when (1) acceptance of the benefits is because of financial duress or other […]

Here, the wife’s separate estate  was awarded a $41,000 reimbursement claim against the community estate which the trial court used to reach a 60/40 property split.  The court of appeals held that the wife failed to prove $32,000 of that amount was her separate property and this required a reversal of the entire property division […]

The agreement in this case included very large alimony payments to the wife and an agreement for the husband to pay the children’s college expenses.  The trial court awarded a judgment of $1,128,000 against the ex-husband and awarded $102,475 in attorney’s fees.  The few adjustments made to the judgment by the court of appeals did […]

Here, a court in Montgomery County entered a paternity order in 2005.  In 2005, the mother’s ex-husband filed a modification suit seeking custody.  The mother was served and the father signed an affidavit of relinquishment of parental rights.  The case was transferred to Brazoria County and a default order was entered against the mother.  The […]

This case shows that even in a default situation, counsel must still put on some minimal evidence that supports the requested modification. In the Interest of A.T.A.L., No. 05-11-01666-Cv (Tex. app. – Dallas 5/8/2013).

A 2004 paternity order required the father to pay $500 a month child support through the SDU and he clearly had made no payments to the SDU prior to April 2010.  So, how did the mother lose this enforcement suit?  The father testified that his signature on the “agreed” paternity order was forged and he […]

Unbelievably, the trial court followed this provision and dismissed the wife’s modification suit.  The San Antonio Court of Appeals did not reach the issue on whether this provision is void as against public policy and instead held that the provision violates Family Code Sec. 154.124(c) which says agreements concerning child support are not enforceable as […]

This case is a rare reported victory for grandparents in a fight for primary custody. In the Interest of Z.R.P. and D.A.P., No. 05-12-00134-CV (Tex. App. – Dallas 5/20/2013)

A recent decision from the First Court of Appeals out of Judge Hellums’ court (won by Michael Childs) provides a new twist to claims of waste or constructive fraud.  In Puntarelli v. Peterson, No. 01-11-01120-CV (Tex. App. – Houston [1st Dist.] Feb. 14, 2013), the wife asked the age old question “where did all of […]

Hooray for the attorney who cites a case from 1889 and wins!  Perhaps we all should review Schmidt v. Huppman, 11 S.W. 175 (Tex. 1889), which held “Where it satisfactorily appears, as in this case, that one spouse brought into the partnership separate funds invested in a particular business, which business was carried on and […]