Gamboa v. Gamboa

383 S.W.3d 263, 2012 WL 3805756, 2012 Tex. App. LEXIS 7371
CourtCourt of Appeals of Texas
DecidedAugust 31, 2012
DocketNo. 04-10-00861-CV
StatusPublished
Cited by41 cases

This text of 383 S.W.3d 263 (Gamboa v. Gamboa) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gamboa v. Gamboa, 383 S.W.3d 263, 2012 WL 3805756, 2012 Tex. App. LEXIS 7371 (Tex. Ct. App. 2012).

Opinion

OPINION

Opinion by:

KAREN ANGELINI, Justice.

Carl Gamboa appeals the trial court’s judgment in this divorce action filed by Patricia Gamboa. When the divorce action was filed, the Gamboas’ two children were minors. The children are now adults. The Gamboas’ divorce involved complicated issues related to the division of the marital estate. Numerous family trusts and business entities were joined as parties to the divorce action. Carl’s brother, Marco Gamboa, served as trustee of the family trusts. The children were beneficiaries of the trusts.

After three days of trial before a jury, the parties reached an agreement that settled some of the property division issues in the case. The jury was discharged. Thereafter, the trial court held multiple hearings, and eventually signed a final divorce judgment. The final divorce judgment was later amended.

On appeal, Carl argues the trial court erred by (1) rendering judgment on the partial settlement agreement despite his revocation of consent to the agreement; (2) adding terms to the agreement; (3) [267]*267finding that Marco remained the trustee of the family trusts; (4) refusing to appoint an attorney ad litem on behalf of the children; (5) concluding that Patricia had standing to sue the trusts; and (6) requiring Carl to indemnify Marco from future lawsuits when this was not part of the settlement agreement. We sustain Carl’s first issue. We overrule Carl’s third, fourth, and fifth issues. We do not address Carl’s second and sixth issues because they are unnecessary to the disposition of this appeal. We affirm the judgment in part, reverse the judgment in part, and remand for further proceedings.

Background

In 1989, before he was married to Patricia, Carl created multiple trusts for the benefit of his future children. Carl’s brother, Marco Gamboa, was appointed trustee of these trusts. In 1993, Carl married Patricia. In 2008, Patricia filed a petition for divorce. In her petition, Patricia alleged, among other things, that Carl had used the trusts and other business entities as devices to perpetuate fraud upon her. Patricia also alleged related claims for fraud, constructive fraud, and alter ego against Carl and certain trusts, limited partnerships, and other business entities. Patricia joined Marco and the trusts in the divorce action.

Trial to a jury began on December 8, 2009. Patricia presented evidence to the jury for three days. This evidence was directed at determining the community or separate nature of the business entities and the division of the marital estate. Then, before Carl had presented any evidence to the jury, all parties announced in open court that they had reached an agreement. The terms of the agreement were read into the record by the trial court. While reciting the terms of the agreement .into the record, the trial court referred to a document that listed the property to be awarded to each spouse. Many of the assets listed on the document belonged to Cosas Claras Ltd., a limited partnership owned by Carl and Brimex, Ltd.1 After the trial court recited the terms of the agreement, Patricia’s counsel and Carl’s counsel stated they were in agreement with the terms read into the record. Thereafter, Marco’s counsel mentioned other issues, including indemnifying Marco, dismissing other claims, and undisclosed assets. Carl’s counsel mentioned dismissing other claims. The trial court then recessed for lunch.

Following the lunch recess, Patricia’s counsel advised the trial court that the agreement reached by the parties failed to address all of the issues raised by the pleadings. The unaddressed issues included attorney’s fees, taxes, child support, spousal support, health insurance for the children, the award of separate property, and the division of personal property— including bank accounts, automobiles, and furniture.

In response, the trial court refused to address attorney’s fees because they were not part of the parties’ agreement. The trial court inquired as to whether Carl would pay all income taxes as he had done in the past. Carl’s counsel indicated Carl was no longer present in the courtroom. As a result, Carl’s counsel stated he could not agree that Carl would assume liability for all income taxes. However, Carl’s counsel stated he would inquire about whether Carl would agree to do so. The trial court then ordered Carl to pay the income taxes. The trial court also awarded Patricia the car she was currently driving and ordered Carl to provide health insurance for the children. The trial court [268]*268stated the temporai’y orders for child support and spousal support would remain in place while the parties finalized the settlement agreement and drafted the divorce decree.

Thereafter, the trial court instructed Patricia’s counsel to draft the divorce decree, and Marco’s counsel to draft the settlement agreement. The trial court directed counsel to complete the settlement agreement and divorce decree by January 11, 2010. The trial court stated it was “granting the divorce effective today.” At the conclusion of the hearing, the trial court indicated the parties could return to the trial court if they were unable to resolve the remaining issues. The trial court then dismissed the jury.

On January 11, 2010, the parties and counsel appeared in court again. No reference was made to a draft settlement agreement. Instead, the trial court and the parties discussed several issues while referring to a draft divorce decree. The trial court ordered that Carl would pay the cost of health insurance for the children so long as Patricia did not have a job, and that the parties would pay one half each of the unreimbursed medical expenses. The hearing concluded before all of the issues in the draft divorce decree were addressed. The trial court continued the hearing, and reset the matter for February 10, 2010.

On February 10, 2010, Cosas Claras, one of the business entities joined as a party in the divorce action, filed for bankruptcy. Because of the automatic bankruptcy stay, the February 10, 2010, hearing did not take place as scheduled.

On May 10, 2010, Carl filed a document with the trial court clerk in which he revoked his consent to the settlement agreement that was read into the record on December 14, 2009. In the document, Carl explained his reasons for revoking his consent to the agreement, and asked the trial court to “go forth to trial if necessary.”

On May 18, 2010, the bankruptcy stay was partially lifted, allowing the parties to return to the trial court to resolve the remaining issues in the divorce action.

On May 20, 2010, Marco filed a declaratory judgment action, seeking a determination that Marco was and continued to be the trustee of the trusts joined in the divorce action. Marco sought reasonable attorney’s fees associated with the declaratory judgment action.

On July 26, 2010, the trial court held a hearing. At the hearing, the trial court addressed several matters, including Carl’s revocation of consent to the agreement and Marco’s request for declaratory judgment. During the hearing, the trial court inquired about Carl’s reasons for revoking consent. In response, Carl’s counsel explained Carl’s reasons for revoking consent, but presented no evidence. The trial court heard evidence related to the declaratory judgment action. The trial court also heard argument and some evidence concerning attorney’s fees.

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Cite This Page — Counsel Stack

Bluebook (online)
383 S.W.3d 263, 2012 WL 3805756, 2012 Tex. App. LEXIS 7371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamboa-v-gamboa-texapp-2012.