in Re Rose M. Barnett

• Court: Court of Appeals of Texas
• Decided: September 7, 2005
• Docket: 04-05-00608-CV
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-05-00608-CV

IN RE Rose M. BARNETT

Original Mandamus Proceeding

PER CURIAM

Sitting:            Alma L. López, Chief Justice

Catherine Stone, Justice

Phylis J. Speedlin, Justice

Delivered and Filed:   September 7, 2005

PETITION FOR WRIT OF MANDAMUS DENIED

            The court has considered relator’s petition for writ of mandamus. The court is of the opinion that relief should be denied. See Day v. Day, 603 S.W.2d 213 (Tex. 1980) (court granting divorce did not have exclusive jurisdiction to consider suit to enforce judgment lien provided for in property settlement agreement entered in divorce decree); Gant v. Gant, No. 05-01-00134-CV, 2002 WL 257700, at *1 (Tex. App.—Dallas Feb. 25, 2002, no pet.) (same); Underhill v. Underhill, 614 S.W.2d 178 (Tex. Civ. App.—Houston [14th Dist.] 1981, writ ref’d n.r.e.) (court granting divorce did not have exclusive jurisdiction to consider suit brought to enforce amount due under property settlement agreement. Accordingly, relator’s petition for writ of mandamus is denied. Relator shall pay all costs incurred in this proceeding.