Shields v. Mossler, 09-90-217
| Decision Date | 13 June 1991 |
| Docket Number | No. 09-90-217,09-90-217 |
| Citation | 810 S.W.2d 325 |
| Parties | Tammy K. SHIELDS (Mossler), Appellant, v. Edward Glenn MOSSLER, Appellee. CV. |
| Court | Texas Court of Appeals |
John E. Sherman, Houston, for appellant.
James A. DeLee, Port Arthur, for appellee.
Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.
This is an appeal from a summary judgment granted by the County Court at Law of Orange County, Texas, Honorable Michael W. Shuff, presiding.
Tammy K. Shields Mossler, appellant, filed for a divorce from Edward Glenn Mossler, appellee. In response to this divorce action, appellee filed a Plea in Abatement and Motion for Summary Judgment. This Motion for Summary Judgment was not timely controverted and upon hearing, was granted by the court.
Appellant filed her appeal bond and requested Findings of Fact and Conclusions of Law from the court, which the court determined were not necessary under the circumstances of the case.
Further factual background shows that appellant filed an Original Petition for Divorce in the County Court at Law of Orange County, Texas on or about May 17, 1990. Appellee was served with citation on or about July 17, 1990. On August 3, 1990 appellee filed his Plea in Abatement and an Answer subject thereto. Subsequently on August 21, 1990, appellee filed his Motion for Summary Judgment. Appellee's request for summary judgment remained uncontroverted until the date the motion was set for hearing at which time appellant untimely, filed her Motion in Opposition to Summary Judgment and Memorandum in Support Thereof.
To complicate our situation, the record reveals that on or about November 16, 1988 our appellant filed an "Original Petition for Divorce" in the 309th District Court of Harris County alleging the existence of informal or common-law marriage between our appellant and our appellee. On or about October 19, 1989 the 309th District Court in Harris County, Texas entered an order which dismissed without prejudice our appellant's Original Petition for Divorce. That order further provided that should our appellant fail to pay attorney's fees and expenses resulting from discovery abuse that such dismissal would become a dismissal with prejudice.
The 309th District Court of Harris County, Texas entered other orders such as an Order Granting Sanctions under Rule 13. We do not feel it necessary to our opinion to detail these actions by the 309th District Court. The bottom line consideration for this Court is whether or not the 309th District Court's dismissal with prejudice of our appellant's Original Petition for Divorce against our appellee, forever bars appellant from an adjudication and determination of whether or not a common-law marriage relationship exists and if so, is appellant entitled to terminate same?
Appellant brings one point of error to this Court which contends that the trial court ...
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Mossler v. Shields
...we hold that the two grounds cited by the court of appeals for reversal are incorrect, we reverse the judgment of the court of appeals, 810 S.W.2d 325, and affirm the summary judgment of the trial On November 16, 1988, Tammy Shields filed a petition for divorce in Houston, alleging the exis......