Archives: Family Law Appellate Issues

Subscribe to Family Law Appellate Issues RSS Feed

Preserve Error and Don’t Get Sued

I was fortunate enough to be asked to give a TED-style talk at a lawyer education seminar about preservation of error.  Here’s the link to the podcast of the presentation: http://lunchwithlawyers.com/episode-004-preserve-error-and-dont-get-sued-with-michelle-may-oneil-2 I really enjoyed the TED-style talk and hope these catch on across the lawyer education forum.… Continue Reading

Has my marriage been a farce all of these years?

There is a strong presumption in Texas law in favor of marriage. When a question arises as to the validity of a current marriage because of a prior marriage, the presumption says that the current marriage is the one that's presumed valid. You would think there wouldn't be very many cases on this issue, but I've actually seen a couple recently. Here's one of those:… Continue Reading

Tedder v. Gardner Aldrich, LLP: Texas Supreme Court Holds Attorney Fees In Divorce Are Not Necessaries Under Spousal Support Statute

This ground breaking case out of the Texas Supreme Court could forever change the way attorney fees are requested, awarded, and recovered by law firms in Texas divorce proceedings by holding that legal fees incurred by a spouse in a divorce proceeding are not "necessaries" (food, clothing, essential medical care, habitation, etc.).… Continue Reading

Appellate Lawyers are the Chess Club of the Law World

As with other areas of law, the family law appellate lawyer can help get a case ready for trial. The family law appellate lawyer can handle disputes over legal issues so the trial lawyer can focus on the fact issues. The family law appellate lawyer can draft motions, briefs, or even the jury charge to fine-tune the really important legal issues. The family law appellate lawyer can advise the trial lawyer as to what parts of the case really matter, and what can be left on the editing room floor.… Continue Reading

Lawyer Fined For Wrong Case Citation

A Wisconsin lawyer has been fined $100 for getting a citation wrong in a brief submitted to the Wisconsin Court of Appeals. The appeals court expressed its frustration in a footnote to an unpublished opinion, Espitia v. Fouche, Legal Blog Watch reports. The court imposed the penalty and explained the reason for it in a footnote to a 2008 unpublished opinion, Espitia v. Fouche. Here is the entire footnote:… Continue Reading

Constitutionality of Termination Law — Video Interview

Today I was interviewed by John Council with Texas Lawyer Magazine about the In re JOA opinion issued recently by the Texas Supreme Court for the Video Blog Reversed and Remanded. Seriously, you should go look at the video. (I wish I had worn a different shirt!) The Texas Supreme Court declared Texas Family Code section 263.405(b) unconstitutional… Continue Reading
LexBlog