Reprinted from the October 23, 2014 Mongoose newsletter. A business owner, including a shareholder of a closely held corporation, can testify as to the company’s value and does not have to be designated as an expert witness. Red Sea Gaming, Inc. v. Block Investments (Nevada) Co., 338 S.W.3d 562 (Tex. App. – El Paso 2010, […]
A lawyer cannot bill her client for the time spent preparing a motion to withdraw from the client’s case. Lee v. Daniels & Daniels, 264 S.W.3d 273, 278 (Tex. App.-San Antonio 2008, pet. denied). In that case, the attorney’s engagement letter said the client would,”pay for all time spent, costs and expenses incident to withdrawal […]
Reprinted from the November 14, 2014 Mongoose newsletter. Some judge named “Pratt” was just reversed in Reddick v. Reddick, No. 01-12-00576-CV (Tex. App. – Houston [1st Dist.] 10/23/2014). This case is an excellent reminder that not every parent who could in theory earn more should be found to be intentionally underemployed. Click here to read […]
We say “good bye” to many fine judges who are retiring and leaving the bench on December 31. We will all miss the friendly and hard working Judge Jim York, even as he passes his mantle of the most pro-mother judge in custody cases on the planet to Galveston County Associate Judge Steve Baker. Bonnie […]
Click here to read more about a U.S. Centers for Disease Control and Prevention study which found that 90% of heavy drinkers fell short of the criteria for alcoholism. Women who have eight or more drinks per week and men who have 15 or more are considered heavy drinkers. Signs of alcoholism include an inability […]
Standard injunctions routinely imposed in family cases in Texas can make cause our clients to violate “The Brady Bill”, 18 U.S.C.A. § 922(g), which states: “It shall be unlawful for any person-… (8) who is subject to a court order that- (A) was issued after a hearing of which such person received actual notice, and […]
At least in the counties contained within the Houston First and Fourteenth Courts of Appeals, family court judges cannot grant relief unless there are pleadings asking for that relief or unless the issue was tried by consent. A recent case provides a surprisingly broad view of what constitutes a “pleading” that can justify granting relief […]
The next time a police officer tells you that a parent’s failure to return a child after visitation is “a civil matter,” remind the cop about Penal Code Sec. 25.03, which states: Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY. (a) A person commits an offense if the person takes or retains a child younger than […]
Click here to download this article in PDF format: Injury Settlements Are Usually Community Property INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE by Greg Enos February 2014 A spouse’s recovery for an injury claim is usually community property because most settlements mix all of the damage elements together in a single […]
Click here to read the October 26, 2013 story in the Houston Chronicle which profiles attorney Greg Enos and his efforts to reform the family courts in Harris County.
