Hinde v. Hinde, 2-84-117-CV
| Decision Date | 16 May 1985 |
| Docket Number | No. 2-84-117-CV,2-84-117-CV |
| Citation | 689 S.W.2d 519 |
| Parties | Richard Louis HINDE and Housesearch, Inc., Appellants, v. Helen Marlene HINDE, Appellee. |
| Court | Texas Court of Appeals |
David Westfall, John R. Guittard, Counts, Dodge, Ringer & McInerney, Dallas, for appellants.
Kelsey, Gregory, Holt & Phillips and Richard H. Kelsey, Denton, for appellee.
Before JORDAN, ASHWORTH and JOE SPURLOCK, II, JJ.
This is an appeal from a judgment rendered on a divorce settlement agreement.
The judgment is reversed and the cause remanded to the trial court because we find the judgment is not sufficiently definite.
At the time of their divorce, appellant and appellee entered into a settlement agreement. Subsequent to the divorce, the appellee filed two suits on the agreement. One of the suits alleged that there had been a breach of the contractual obligations by appellant, and the other suit sought a declaration of the rights of the parties with regard to the settlement agreement. The two suits were consolidated for trial and the case was tried on a non-jury basis. The judgment rendered was generally favorable to appellee. Appellant has filed ten points of error which generally allege no evidence, insufficient evidence, and deficiencies in the pleadings. We are unable to address appellant's points of error because we find the judgment rendered to be fundamentally deficient, even though such deficiency has not been alleged by either party.
The judgment in this case provides in part as follows:
The Court further finds that RICHARD L. HINDE deliberately and willfully cancelled the $200,000.00 face value life insurance policy with Anchor Life Insurance Company which was the property of HELEN MARLENE HINDE. The Court further finds that the value of such policy at the time of such cancellation was $25,000.00. The Court further finds that such policy might be capable of being reinstated for a fee of $1,721.42.
The Court awards HELEN MARLENE HINDE the sum of $25,000.00 damages for such policy; however, if RICHARD L. HINDE shall cause such policy to be fully and unconditionally reinstated according to its original terms and conditions at his expense, RICHARD L. HINDE shall be credited against the amount of this judgment as a payment thereon the sum of $25,000.00;
Provided further, that if this judgment shall become final without such policy being reinstated, such credit shall not thereafter be allowed.
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It is accordingly ordered that HELEN MARLENE HINDE have and recover of and from the Defendant, RICHARD L. HINDE the sum of $49,547.11, as damages for breach of contract, less any applicable credit for reinstatement of the Anchor Life Insurance policy.
Examining the judgment itself, it is impossible to determine whether the judgment is for the sum of...
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Hinde v. Hinde
...The court of appeals, on an unbriefed point, reversed and remanded, holding the judgment too indefinite to be final and appealable. 689 S.W.2d 519. We grant the writ of error and pursuant to Tex.R.Civ.P. 483, without hearing oral argument, reverse the judgment of the court of appeals and re......