In an eloquent opinion, a nonplussed Chief Justice Quinn of the Amarillo Court of Appeals criticized the failure of both parties to a divorce to provide the trial court with sufficient evidence to make a just and right division of the community estate. The trial court found neither party to be "open and truthful," observing that both parties "wanted to play low ball/high ball on all property in that each tried to put a high value on the property to be awarded to the other and a low value on property . . . awarded to them." The Amarillo Court affirmed the trial court's division, despite the paucity of credible evidence, on the doctrine of invited error: The parties had so poorly informed the trial court of the community estate's assets and values that both effectively invited the trial court to err. In the Matter of the Marriage of Palacios, No. 07-08-0006-CV (Tex. App. - Amarillo June 10, 2009).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: valuation, division, invited error

The amount of past due child support owed can be subject to an offset. But an obligor who seeks an offset must specify how much the offset is and prove the offset. Here the obligor neither specified an amount nor offered evidence of what he had paid. Said the court, "Simply put, without an amount to offset, there can be no offset." Moreover, offset is an affirmative defense. Affirmative defenses are waived if not pled. The obligor did not plead an offset, so he waived his right even to claim an offset. In the Interest of A.J.B., No. 07-08-0362-CV (Tex. App. - Amarillo June 2, 2009) (Memorandum Opinion).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: Pleading, child support , offset

A man's attempt to set aside a paternity decree by Bill of Review failed when the man based his suit solely on his assertion that the mother of the child had lied to him when she told him he was the father. Because parentage was an issue subject being fully litigated in the suit affecting the parent child relationship, the fraud alleged was intrinsic rather than extrinsic. Only extrinsic fraud can support a Bill of Review. In the Interest of J.B., No. 02-08-195-CV (Tex. App. - Fort Worth Feb. 26, 2009) (Memorandum Opinion).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: paternity , agreed decree, approved

When the reporter's record - the tanscription of the testimony at trial - has been lost or destroyed, an appellant is entitled to reversal and a new trial unless the appellant was at fault for losing or destroying the record. The Beaumont Court of Appeals applied that rule in this termination case. In the Interest of J.M., No. 09-09-00008-CV (Tex. App. - May 28, 2009) (Memorandum Opinion).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: lost record, new trial