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 Has my marriage been a farce all of these years?
appellate
Habeas granted – no jail for failure to pay a debt
By Michelle O'Neil on
Posted in Michelle May O'Neil News
The Dallas court of appeals granted the petition for writ of habeas corpus this week in a case where a lady was jailed for civil contempt of court for failure to pay a debt to her ex-husband. In the divorce decree, the wife was ordered to pay $40,000 to the husband as part of the property division contained in the decree. The specific terms of the property awarded referenced the obligation as a “debt” but ordered a date specific by which she was to make the payment. The day after the passing of the payment deadline, the ex-husband filed for contempt of court against the ex-wife for nonpayment. The Hunt County judge held her in civil contempt and ordered her to jail until she paid the $40,000.
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Supreme Court of Texas Clarifies Proof Required for Attorney’s Fees
By Michelle O'Neil on
Posted in Family Law Appellate Issues
In an opinion delivered on October 25, 2013, City of Laredo v. Montano,the Supreme Court of Texas clarified an issue that is of importance across this State to clients and attorneys — the proof required to support an award of attorney’s fees.
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Writs of Habeas Corpus: Get Out of Jail Cards in the Courts of Appeals
By Michelle O'Neil on
Posted in Hiring A Lawyer
As part of our appellate practice, clients often come to us asking what they can do after they suffer an unfavorable ruling in the trial court.
Continue Reading Writs of Habeas Corpus: Get Out of Jail Cards in the Courts of Appeals
O’Neil & Attorneys Prevail on Appeal: Award of Attorney’s Fees Must Have Proper Legal Basis
By Michelle O'Neil on
Posted in Family Law Appellate Issues
Last week the Dallas Court of Appeals issued its opinion in Shilling v. Gough, holding that the trial court erred by awarding attorney’s fees without a proper legal basis. Michelle May O’Neil and I represented Shilling in his successful appeal.
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Dallas Court of Appeals Holds Attorney’s Fees Must Be Segregated
Posted on
Posted in Family Law Appellate Issues
To recover attorney’s fees under Texas law, a party must segregate fees……
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Appellate Lawyers are the Chess Club of the Law World
By Michelle O'Neil on
Posted in Family Law Appellate Issues
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.
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Lawyer Fined For Wrong Case Citation
By Michelle O'Neil on
Posted in Family Law Appellate Issues
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 Lawyer Fined For Wrong Case Citation