Ex parte McKinley, No. 17321
| Court | Court of Appeals of Texas. Court of Civil Appeals of Texas |
| Writing for the Court | EVANS |
| Citation | 578 S.W.2d 437 |
| Parties | Ex parte Patricia Anne McKINLEY, Habeas Corpus Proceeding. (1st Dist.) |
| Docket Number | No. 17321 |
| Decision Date | 01 February 1979 |
Page 437
On Rehearing March 15, 1979.
Michael C. Boltz, Houston, for appellant.
Marcus E. Faubion, Houston, for appellee.
EVANS, Justice.
In this original proceeding for a writ of habeas corpus, Patricia Ann McKinley complains of an order of contempt issued by the 257th Family District Court.
The relator's application recites that under the terms of the divorce decree in question the respondent was ordered to execute a general warranty deed conveying to the relator his undivided interest in their community owned home and relator was directed to execute a promissory note payable to respondent in the principal amount of $14,000.00, bearing interest at the rate of 9% Per annum, and providing that principal and interest would be payable six months after the emancipation of the parties' two children. Under the terms of the decree the relator was also ordered to execute a deed of trust securing the payment of the note. The relator did not execute the note and deed of trust as contemplated by the divorce decree, and the respondent then brought the contempt proceedings in question.
On June 13, 1978, the trial court entered an order in the contempt proceedings, denying the respondent's motion for contempt, but ordering the relator to execute and deliver to the respondent, or to his attorney, on or before 9:00 o'clock a. m. on July 24, 1978, a real estate lien note and deed of trust in the form of those attached to the order as exhibits. Subsequently on October 5, 1978, the trial court found the relator in contempt by reason of her failure to execute and deliver the note and deed of trust as required by the aforementioned order and directed that she be confined in the Harris County Jail from day to day until the note and deed of trust were executed and delivered into court.
The relator contends that the contempt order is void because the property in question was her separate property and she argues, in effect, that the divorce decree was, therefore, invalid insofar as it sought to impose a lien on her property. She also contends that the order of June 13, 1978, did not sufficiently apprise her of her obligations under that order; that the motion for contempt did not sufficiently detail the alleged acts of disobedience under such order; and that the contempt order did not sufficiently explain...
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Dechon v. Dechon, No. 08-94-00125-CV
...division. 7 The predecessor to the enforcement provisions found in Subchapter D of the Family Code is the case of Ex parte McKinley, 578 S.W.2d 437 (Tex.Civ.App.--Houston [1st Dist.] 1979, no writ). In conjunction with the award of the parties' homestead to the ex-wife, she had been ordered......
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McGehee v. Epley, No. 16800
...curative of uncertainty in the divorce decree, but rather substantially changed the terms of the earlier judgment. Cf. Ex parte McKinley, 578 S.W.2d 437, 438 (Tex.Civ.App.--Houston [1st Dist.] 1979, no writ); cf. Schwartz v. Jefferson, 520 S.W.2d 881, 888 (Tex.1975); Hargrove v. Insurance I......
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Ex parte Occhipenti, No. 01-90-00489-CV
...252, 254 (Tex.1980); Ex parte Crawford, 684 S.W.2d 124, 126 (Tex.App.--Houston [14th Dist.] 1984, orig. proceeding); Ex parte McKinley, 578 S.W.2d 437 (Tex.Civ.App.--Houston [1st Dist.] 1979, orig. It is difficult to determine what claims relator asserts as his first point of error. Relying......
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Marriage of Allen, Matter of, No. 07-84-0018-CV
...change it. * McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983); Schwartz v. Jefferson, 520 S.W.2d 881, 888 (Tex.1975); Ex Parte McKinley, 578 S.W.2d 437, 438 (Tex.Civ.App.--Houston [1st Dist.] 1979, no writ). See also Tex.R.Civ.P. 329b. Thus, the question presented for our decision is whethe......
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Dechon v. Dechon, No. 08-94-00125-CV
...division. 7 The predecessor to the enforcement provisions found in Subchapter D of the Family Code is the case of Ex parte McKinley, 578 S.W.2d 437 (Tex.Civ.App.--Houston [1st Dist.] 1979, no writ). In conjunction with the award of the parties' homestead to the ex-wife, she had been ordered......
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McGehee v. Epley, No. 16800
...curative of uncertainty in the divorce decree, but rather substantially changed the terms of the earlier judgment. Cf. Ex parte McKinley, 578 S.W.2d 437, 438 (Tex.Civ.App.--Houston [1st Dist.] 1979, no writ); cf. Schwartz v. Jefferson, 520 S.W.2d 881, 888 (Tex.1975); Hargrove v. Insurance I......
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Ex parte Occhipenti, No. 01-90-00489-CV
...252, 254 (Tex.1980); Ex parte Crawford, 684 S.W.2d 124, 126 (Tex.App.--Houston [14th Dist.] 1984, orig. proceeding); Ex parte McKinley, 578 S.W.2d 437 (Tex.Civ.App.--Houston [1st Dist.] 1979, orig. It is difficult to determine what claims relator asserts as his first point of error. Relying......
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Magallanez v. Magallanez, No. 08-94-00137-CV
...the appellee to execute a general warranty deed conveying to the appellant any interest in the community property. See Ex parte McKinley, 578 S.W.2d 437, 438 (Tex.Civ.App.--Houston [1st Dist.] 1979, orig. proceeding). The court also has the ability to require that the appellant compensate t......