Myers v. Myers, 888
| Decision Date | 28 November 1973 |
| Docket Number | No. 888,888 |
| Citation | 503 S.W.2d 404 |
| Parties | Russell Seth MYERS, Jr., Appellant, v. Norma Ruth MYERS, Appellee. (14th Dist.) |
| Court | Texas Court of Appeals |
John H. Holloway, Houston, for appellant.
Jesse A. Pardue, Larry Emerson, Houston, for appellee.
This is a divorce case. The trial court, after a non-jury trial, rendered judgment granting the plaintiff wife a divorce, awarding custody of the children, ordering child support, and awarding to the wife, for the use and benefit of her attorneys, the sum of $20,000 as attorneys' fees. The wife, against the advice of her attorneys had executed a proposed property settlement agreement with the husband. The trial judge refused to approve the property settlement agreement, though requested to do so by both the husband and the wife. The judgment that was rendered specifically recited the judge's refusal to approve that agreement. The husband appealed.
Appellant is complaining in this appeal of the trial court's award of the attorneys' fees and its failure to approve and incorporate into the judgment the proposed property settlement agreement.
Appellant urges this Court to disregard the long line of cases which holds that the wife may recover her attorney's fees, on the theory that such are necessaries, providing she has acted in good faith and upon rpobable cause. Sailes v. Sailes, 394 S.W.2d 248 (Tex.Civ.App.--Beaumont 1965, no writ); Earnest v. Earnest, 223 S.W.2d 681 (Tex.Civ.App.--Amarillo 1949, no writ). We follow these cases and hold that in a divorce action a trial court may properly award attorney's fees to the wife.
Appellant asserts that the trial court erred in awarding appellee the fees of her two attorneys on the basis of the reasonable value of their services, because of a contingency fee contract between appellee and the attorneys. The contract provided in part as follows:
'In consideration of his services rendered, and to be rendered in the prosecution of my suit, I have agreed, and by this contract do hereby agree, as follows:
1. To assign to Mr. Pardue, my attorney, all sums recovered by me in the divorce action from Mr. Myers for attorney's fees as well as all sums adjudged against him for costs of court expended on my behalf in this suit.
2. To assign and convey to my said attorney 15% Interest in and to all recovery for me of monies, real property, and other property, wherever located, save and except such percentage shall not apply to the residence property located at 7636 Glen Prairie Street, Houston, Texas 77017, and shall not apply to the household goods located in such residence. The percentage herein stipulated shall be paid whether such suit is settled on an amicable basis or whether it is determined by trial in the Court.'
In this case there has been no division of the community property. Also, there was no effective property settlement agreement. The proposed property settlement agreement which was executed by the appellant and appellee provided: 'This agreement shall be binding and of legal effect when it is approved by the Court and the divorce granted.' Since the contract was expressly conditioned upon the approval of the trial court (which was never received), it never became binding. Therefore, it was proper for the trial court to award appellee attorneys' fees on the basis of the reasonable value of their services.
Appellant next contends that there was no evidence to support the court's finding that the attorneys' fees were necessary. He also argues that such finding was so against the great weight...
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Madeksho v. Abraham, Watkins, Nichols Etc.
...to Mrs. Myers, "for the use and benefit of her attorneys, the sum of $20,000 as attorneys' fees." Myers, 503 S.W.2d at 404, 404 (Tex.Civ.App.-Houston [14th Dist.] 1973, writ dism'd w.o.j.) (emphasis added). The judgment was appealed by Mr. Myers. This court held the putative property settle......
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Byrnes v. Byrnes
...the parties contemplated their agreement would not be binding unless approved by the court. TEX. FAM. CODE ANN. 7.006(b), (c); Myers v. Myers, 503 S.W.2d 404, 405 (Tex. Civ. App.--Houston [14th Dist.] 1973, no writ) (holding that an agreement between parties that was conditioned on trial co......
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Myers v. Myers, 16403
...Larry Emerson. On appeal the award of attorneys' fees was affirmed by the Fourteenth Court of Civil Appeals in Myers v. Myers, 503 S.W.2d 404 (Tex.Civ.App.1973, writ dism. w.o.j.), and a mandate was issued on May 3, On April 30, 1974 Norma Ruth Myers appears to have executed a release of ju......