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Cases of Interest: Texas
© National Legal Research Group, Inc.

Attorneys and Clients (full category)

TEXAS: Ortmann v. Ortmann, 999 S.W.2d 85 (Tex. App. 1999).
Allegedly fraudulent conduct by the attorney of the former husband does not constitute extrinsic fraud supporting relief by the bill of review.
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Attorney's Fees (full category)

TEXAS: Parker v. Parker, 897 S.W.2d 918 (Tex. Ct. App. 1995).
A husband's electronic eavesdropping on his wife's attorneys constituted outrageous and reprehensible conduct that justified a $1 million punitive damages award.
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Children (full category)

TEXAS: Hunt v. Hunt, 952 S.W.2d 564 (Tex. App. 1997).
The trial court did not abuse its discretion by refusing to reimburse the community estate for child support payments made by the husband during the marriage.
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Classification of Assets (full category)

TEXAS: In re Marriage of Wade, 923 S.W.2d 735 (Tex. Ct. App. 1996).
Termination benefits that the husband would receive following termination of his contract with State Farm were community property and should be valued as of the date of the divorce, taking into account the husband's years of employment as an agent prior to the marriage.
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TEXAS: Rafferty v. Finstad, 903 S.W.2d 374 (Tex. Ct. App. 1995).
The characterization and the value of property are not ultimate issues and therefore need not be set out in findings of fact.
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Closely Held Businesses (full category)

TEXAS: Collins v. Collins, 904 S.W.2d 792 (Tex. Ct. App. 1995).
The husband should not have been permitted to testify as to the value of his business, where he was not listed as an expert witness and had denied during depositions that he would be rendering valuation testimony.
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Corporations (full category)

TEXAS: Dawson-Austin v. Austin, 920 S.W.2d 776 (Tex. Ct. App. 1996).
The law of Texas, where the husband was domiciled and had filed a divorce action, applied to determine the classification of stock purchased before marriage, rather than the law of Minnesota, where the parties were domiciled at the time of marriage.
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Creditor's Rights (full category)

TEXAS: Black v. Amoco Federal Credit Union, 900 S.W.2d 108 (Tex. Ct. App. 1995).
The trial court's order clarifying the former spouses' responsibility for payment of marital debts did not affect a creditor's right to collect the unpaid balance of a promissory note from the husband, even though the creditor was a party to the clarification proceeding.
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Criminal Offenses (full category)

TEXAS: Parker v. Parker, 897 S.W.2d 918 (Tex. Ct. App. 1995).
A husband's electronic eavesdropping on his wife's attorneys constituted outrageous and reprehensible conduct that justified a $1 million punitive damages award.
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Dissipation of Assets (full category)

TEXAS: In re Marriage of DeVine, 869 S.W.2d 415 (Tex. Ct. App. 1993).
An award which held the wife accountable to the community estate for the losses attributable to her fraudulent investments and then granted the wife only 40% of the community assets because of her fraud did not constitute a double recovery for the husband.
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Division of Property (full category)

TEXAS: Lifshutz v. Lifshutz, No. 04-99-00860-CV (Tex. App. July 25, 2001).
During the divorce, the wife filed suit against the numerous companies, seeking to pierce the corporate veil and reach their assets for distribution as part of the community estate.
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TEXAS: Wright v. Eckhardt, 32 S.W.3d 891 (Tex. App. 2000).
The wife was entitled to one-half of the husband's military retainer pay since she was awarded one-half of the husband's retirement benefits. In this case, the couple were divorced in 1994. The divorce decree awarded the wife one-half of the husband's employment retirement benefits, including benefits derived from the husband's service in the United States Navy.
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TEXAS: Schlafly v. Schlafly, 33 S.W.3d 863 (Tex. App. 2000).
The husband contended that the trial court had erred in awarding his separate property to the wife and in awarding more that 90% of the community assets to the wife. In this case, the husband and the wife were married for three years before the husband filed for divorce.
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TEXAS: In re Marriage of Wade, 923 S.W.2d 735 (Tex. Ct. App. 1996).
Termination benefits that the husband would receive following termination of his contract with State Farm were community property and should be valued as of the date of the divorce, taking into account the husband's years of employment as an agent prior to the marriage.
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Factors in Award (full category)

TEXAS: Panozzo v. Panozzo, 904 S.W.2d 780 (Tex. Ct. App. 1995).
Awarding all the marital assets to the wife did not constitute an abuse of discretion in view of the fact that the husband, an Italian citizen living in Italy, was beyond the court's jurisdiction and had defied the court's temporary child support orders.
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TEXAS: In re Marriage of DeVine, 869 S.W.2d 415 (Tex. Ct. App. 1993).
An award which held the wife accountable to the community estate for the losses attributable to her fraudulent investments and then granted the wife only 40% of the community assets because of her fraud did not constitute a double recovery for the husband.
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Findings (full category)

TEXAS: Hill v. Hill, 971 S.W.2d 153 (Tex. App. 1998).
The trial court did not have to make additional valuation findings on numerous items of personalty because those findings would concern evidentiary, rather than ultimate or controlling, issues.
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TEXAS: Rafferty v. Finstad, 903 S.W.2d 374 (Tex. Ct. App. 1995).
The characterization and the value of property are not ultimate issues and therefore need not be set out in findings of fact.
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TEXAS: Tschirhart v. Tschirhart, 876 S.W.2d 507 (Tex. Ct. App.-Austin 1994).
Courts cannot take judicial notice of property values in a spouse's sworn inventory and appraisement submitted in a divorce action.
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Joinder (full category)

TEXAS: Brinkman v. Brinkman, 966 S.W.2d 780 (Tex. App. 1998).
The wife's assault claim against the husband was barred by res judicata.
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Military Benefits (full category)

TEXAS: Wright v. Eckhardt, 32 S.W.3d 891 (Tex. App. 2000).
The wife was entitled to one-half of the husband's military retainer pay since she was awarded one-half of the husband's retirement benefits. In this case, the couple were divorced in 1994. The divorce decree awarded the wife one-half of the husband's employment retirement benefits, including benefits derived from the husband's service in the United States Navy.
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Postdecree Proceedings (full category)

TEXAS: Schlueter v. Schlueter, 975 S.W.2d 584 (Tex. 1998).
No independent tort cause of action exists between spouses for fraud on the community because a wronged spouse has an adequate remedy for fraud through the division of community property.
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Res Judicata (full category)

TEXAS: Brinkman v. Brinkman, 966 S.W.2d 780 (Tex. App. 1998).
The wife's assault claim against the husband was barred by res judicata.
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Stock Options (full category)

TEXAS: Bodin v. Bodin, 955 S.W.2d 380 (Tex. App. 1997).
The husband's unvested stock options constituted a contingent property interest and were therefore a community asset.
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Stocks and Securities (full category)

TEXAS: Charriere v. Charriere, 7 S.W.3d 217 (Tex. App. 1999).
Stock options received by the wife from her employer were subject to equitable distribution as community property upon dissolution of the marriage but were not subject to proportional allocation between the wife and the husband.
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Tax Consequences (full category)

TEXAS: Harris v. Holland, 867 S.W.2d 86 (Tex. Ct. App. 1993).
Husband should not have been allowed an offset for the hypothetical tax consequences associated with the property he received.
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Torts (full category)

TEXAS: Schlueter v. Schlueter, 975 S.W.2d 584 (Tex. 1998).
No independent tort cause of action exists between spouses for fraud on the community because a wronged spouse has an adequate remedy for fraud through the division of community property.
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TEXAS: Brinkman v. Brinkman, 966 S.W.2d 780 (Tex. App. 1998).
The wife's assault claim against the husband was barred by res judicata.
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Valuation of Property (full category)

TEXAS: Tschirhart v. Tschirhart, 876 S.W.2d 507 (Tex. Ct. App.-Austin 1994).
Courts cannot take judicial notice of property values in a spouse's sworn inventory and appraisement submitted in a divorce action.
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TEXAS: Rafferty v. Finstad, 903 S.W.2d 374 (Tex. Ct. App. 1995).
The characterization and the value of property are not ultimate issues and therefore need not be set out in findings of fact.
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TEXAS: Collins v. Collins, 904 S.W.2d 792 (Tex. Ct. App. 1995).
The husband should not have been permitted to testify as to the value of his business, where he was not listed as an expert witness and had denied during depositions that he would be rendering valuation testimony.
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TEXAS: In re Marriage of Wade, 923 S.W.2d 735 (Tex. Ct. App. 1996).
Termination benefits that the husband would receive following termination of his contract with State Farm were community property and should be valued as of the date of the divorce, taking into account the husband's years of employment as an agent prior to the marriage.
Read More About This Case

TEXAS: Hill v. Hill, 971 S.W.2d 153 (Tex. App. 1998).
The trial court did not have to make additional valuation findings on numerous items of personalty because those findings would concern evidentiary, rather than ultimate or controlling, issues.
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Wiretapping (full category)

TEXAS: Collins v. Collins, 904 S.W.2d 792 (Tex. Ct. App. 1995) (en banc).
Spouses are not exempt from either the federal or the wiretap statute; wife's illegally recorded conversations were not admissible evidence.
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TEXAS: Parker v. Parker, 897 S.W.2d 918 (Tex. Ct. App. 1995).
A husband's electronic eavesdropping on his wife's attorneys constituted outrageous and reprehensible conduct that justified a $1 million punitive damages award.
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