Gordon v. Gordon : Although plaintiff labels his challenge to the trial court’s April 12, 2012 order as a subject-matter jurisdiction issue, plaintiff’s brief simply argues that the trial court erred in resolving the issues before it. Therefore, plaintiff’s challenge to the April 12, 2012 order does not implicate subject matter jurisdiction.Read More »
Garrett v. Burris Where our Court of Appeals held, Although there was conflicting evidence as to the parties’ intention to be married under Texas common law, there was sufficient evidence to support the trial court’s finding that there was no such intent, we affirm.Read More »
Duncan v. Duncan An order that completely decides the merits of an action constitutes a final judgment for purposes of appeal even when the trial court reserves for later determination collateral issues such as attorney’s fees and costsRead More »
Callanan v. Walsh In their divorce/equitable distribution case, the parties invoked the district court’s jurisdiction to decide matters related to their premarital agreement. Therefore, the superior court lacks jurisdiction to adjudicate plaintiff’s claim that defendant breached the premarital agreement.
Tagged with: equitable distributionRead More »
Simpson v. Avila There was enough evidence to prove that the defendant-wife had been married before, and the documents produced at the hearing did not confirm that she had obtained a valid divorce from her first husband.Read More »
In re L.G.IThe record does not reflect that the respondent-mother’s stipulation to drug use was contingent on any agreement with DSS that reunification efforts would continue. The record supports the trial court’s finding of fact as to “Lisa” testing “positive for morphine at birth,” and respondents do not claim otherwise.Read More »
Domestic Relations – Parent & Child – Adjudication & Disposition – Neglect & Abuse – Conditions — Indian Child Welfare Act
In re A.R. The trial court’s unchallenged findings of fact establish that (1) respondents’ family members have reported multiple incidents of domestic violence, including one at which juvenile “Frank” was present and during which the respondent-mother tried to hit the respondent-father with a board, missed, and instead hit two-month-old “Aaron” in the head and (2) respondents did not seek medical attention for Aaron after he was hit in the head and also cancelled Aaron’s medical appointments for hard-to-schedule specialized testing (Aaron has cysts on his only kidney and an enlarged bladder).
Tagged with: domestic violenceRead More »
Domestic Relations – Parent & Child – Permanent Plan – Notice – Waiver – Sufficient Findings – Visitation
In re J.P. Even if, in its adjudication order, the trial court entered a “temporary permanent plan” without notice to the respondent-parents, any such error was rendered harmless by the trial court’s entry of a permanent plan at dispositionRead More »
Domestic Relations – Parent & Child – Custody & Visitation – Temporary Order – Custodial Parent’s Control
Woodring v. Woodring Since the June 14, 2010 order in the parties’ custody case only provided the plaintiff-father with three specific instances of visitation, the order could not become a permanent custody order by operation of time; otherwise, the father would not have been entitled to any visitation with his children.Read More »
In re D.A.H.-C. The respondent-mother has exhibited a pattern of entering into abusive relationships and being loyal to her male partner regardless of how he treats her children. This pattern supports the trial court’s conclusion that continued neglect of the children is likelyRead More »