During divorce proceedings, a spouse liquidated stock in violation of an agreed court order. After he paid $200,000 into a trust, $367,000 remained. The trial court committed him to jail for ten days and, after that, until he paid the $367,000 into the court's registry. In re: R.E.D., No. 01-08-00727-CV (Tex. App. - Houston [1st Dist] Feb. 5, 2009, orig. proceeding).

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

Tags: injunction, contempt

A former husband who represented himself upon divorce later claimed that certain mineral interests given to him by his parents during marriage were his separate property. Although the mineral interests were not mentioned in the divorce decree, the decree contained a residuary clause awarding each spouse “a one-half interest in all other property or assets not otherwise disposed of or divided herein.” The appellate court ordered that the former wife be awarded half the mineral interests. In the Matter of the Marriage of Fillingim, No. 07-08-0144-CV (Tex. App. - Amarillo Mar. 24, 2009).

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

Tags: separate property, residuary clause, mineral interests

Per statute, temporary restraining orders in suits affecting the parent-child relationship "need not define the injury, state why it is irreparable, or state why the order was granted without notice." Further, a motion to disqualify supported only by an affidavit not admitted into evidence provided no basis for disqualification. In re Clark, No. 09-09-00025-CV (Tex. App. - Beaumont Feb. 24, 2009, orig. proceeding).

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

Tags: disqualification, tro

When a person sexually assaults another, wrestles her to the floor, stuffs a dirty sock in her mouth, puts his pet rat on her while she is sleeping, generally wrecks the place, and does all this while drunk or stoned, there is sufficient evidence for a Protective Order. Also, the burden of proof is on the respondent to demonstrate inability to pay attorney's fees. [Case citation removed at victim's request].

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

Tags: Protective Order

According to the San Antonio court, a trial court erred when it found that a man had no standing to file a suit affecting the parent-child relationship because the evidence on the man's relationship with the children was contradictory. Only when the evidence is undisputed may a court grant a plea to the jurisdiction. The court remanded the case to be heard by "the trier of fact." But unless the man paid a jury fee, what would be the point? The case would be heard by the same judge who found the mother's testimony credible. Moreover, Troxel v. Granville and its Texas progeny would prevent the man from obtaining any possession of or access to the children. In the Interest of Y.B., No. 04-08-00507-CV (Tex. App. - Austin Mar. 18, 2009).

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

Tags: standing, troxel

The trial court directed a verdict on the husband's counterclaim for alter ego against the wife and her separate property corporation. Piercing the corporate veil was not warranted because piercing is justified only when any harm to the community estate cannot be remedied by a reimbursement claim. The jury found that the amount of the husband's reimbursement claim equaled zero. Marcum v. Marcum, No. 01-04-01062-CV (Tex. App. - Houston [1st Dist.] June 12, 2008).

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

Tags: alter ego, reimbursement, corporate veil

A suit for divorce becomes moot, and therefore must be dismissed, when one of the spouses dies. Why? "The general rule in Texas is that a cause of action for divorce is purely personal and becomes moot and abates upon the death of either spouse." In re Nelson, No. 06-09-00027-CV (Tex. App. - Texarkana Mar. 11, 2009, orig. proceeding).

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

Tags: divorce , death