Choate v. Choate, 8206
| Decision Date | 23 December 1978 |
| Docket Number | No. 8206,8206 |
| Citation | 576 S.W.2d 656 |
| Parties | Alton CHOATE, Appellant, v. Juanita CHOATE, Appellee. |
| Court | Texas Court of Appeals |
Robert P. Walker, Port Arthur, for appellant.
Terry Doyle, Port Arthur, for appellee.
Appellee, Juanita Holley Choate, brought suit in the 317th District Court of Jefferson County seeking divorce from appellant Alton Choate, division of the community property, and managing conservatorship of two minor children.
After a jury trial, the court on May 2, 1978, divided the community estate, awarded appellee managing conservatorship of the one child under eighteen years of age, and provided for support payments. A divorce of the parties was not decreed, and the judgment specifically provided: "It is decreed that all relief requested in this cause and not expressly granted herein be and is hereby denied."
Appellant's first point urges that the trial court could not render judgment with respect to property without granting the divorce. We sustain this point, reverse the judgment of the trial court and render judgment as set out hereafter. In Ledbetter v. Ledbetter, 229 S.W. 576 (Tex.Civ.App. Austin 1921, no writ), we find at 577:
"Under the statute . . . the power of the court to determine property rights is dependent upon the granting of divorce to one of the parties."
Burns v. Burns, 59 Tex.Civ.App. 549, 126 S.W. 333, 334 (1910, no writ):
"But if the divorce, on hearing, be denied, then the court was without power in such suit for divorce to otherwise adjust the property rights of husband and wife then fixed by law."
Christie v. Tipps, 279 S.W.2d 142, 144 (Tex.Civ.App. Eastland 1955, no writ):
"The power of the court to determine the property rights of the parties depends upon the granting of a divorce."
Kelly v. Gross, 293 S.W. 325, 326 (Tex.Civ.App. San Antonio 1927, no writ):
"If for any reason no decree of divorce is entered, then the court is without power in that suit to disturb the existing status of the community property as between husband and wife."
Pelham v. Sanders, 290 S.W.2d 684, 687 (Tex.Civ.App. Texarkana 1956, no writ):
Carter v. Carter, 336 S.W.2d 466, 468 (Tex.Civ.App. Austin 1960, no writ):
"The above authorities make it clear that when the...
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Ketcham v. Commissioner
...that effects a division of the property and terminates the marriage. Tex. Fam. Code Ann. sec. 3.63 (Vernon 1975); Choate v. Choate, 576 S.W. 2d 656 (Tex. Civ. App. 1978); Harkness v. Harkness, 1 S.W. 2d 399 (Tex. Civ. App. 1927); Burns v. Burns, 126 S.W. 333 (Tex. Civ. App. 1910). Although ......
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McBride v. McBride
...as a judgment. Appellant claims that, if the agreement may be viewed as a judgment, it is void for want of jurisdiction under Choate v. Choate, 576 S.W.2d 656 (Tex.App.--Beaumont 1979, no writ). In Choate, the trial court had entered a decree dividing the community estate and providing for ......
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Garcia v. Anaya
...legally married couples whose marital property could not be divided when the trial court denied a divorce. See e.g., Choate v. Choate, 576 S.W.2d 656, 657 (Tex. Civ. App.—Beaumont 1978, no writ) (holding that trial court lacked jurisdiction in divorce suit to divide maritalproperty and dete......
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Ex parte Choate, 8326
...731, 734 (Tex.Civ.App. Austin 1974, original proceedings). 1 This is the third time we have reviewed facets of this case. In Choate v. Choate, 576 S.W.2d 656 (Tex.Civ.App. Beaumont 1978, no writ) (Choate I), we reversed the judgment of the trial court which had partitioned the community pro......