In Re TJL

97 S.W.3d 257, 2002 WL 31890027
CourtCourt of Appeals of Texas
DecidedJanuary 30, 2003
Docket14-01-00547-CV
StatusPublished

This text of 97 S.W.3d 257 (In Re TJL) 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
In Re TJL, 97 S.W.3d 257, 2002 WL 31890027 (Tex. Ct. App. 2003).

Opinion

97 S.W.3d 257 (2002)

In the Interest of T.J.L. and M.E.L.

No. 14-01-00547-CV.

Court of Appeals of Texas, Houston (14th Dist.).

December 31, 2002.
Rehearing Overruled January 30, 2003.

*259 Gillian Richards, Houston, for appellants.

Anne M. Cofer, Houston, for appellees.

Panel consists of Chief Justice BRISTER and Justices ANDERSON and FROST.

OPINION

KEM THOMPSON FROST, Justice.

Appellant Cynthia Anne Murray Langley challenges (1) the trial court's order denying her motion to transfer; (2) the trial court's order granting appellee Jimmy Don Langley's motion for enforcement; and (3) the trial court's order denying her motion for enforcement. We affirm in part, and reverse and remand in part.

*260 I. FACTUAL AND PROCEDURAL BACKGROUND

In January of 1996, Cynthia and Jimmy Langley were divorced in Brazos County and appointed joint-managing conservators of their three minor children. Cynthia was given the right to establish the residence of their younger daughter, M.E.L., and Jimmy was given the right to establish the residence of their son, T.J.L., as well as their older daughter. On July 26, 1999, Cynthia filed a petition to modify the parent-child relationship seeking to be appointed conservator with the right to establish the residence of both M.E.L. and T.J.L.[1] At the same time, she filed a motion to transfer jurisdiction over the children from Brazos County to Harris County on the grounds M.E.L. and T.J.L. had resided with her in Harris County during the preceding six months. In response, Jimmy filed an affidavit stating T.J.L. had resided with him in Brazos County since June 11, 1999. However, Jimmy did not file a controverting affidavit with respect to M.E.L.'s residence in Harris County.

On October 25, 2000, Jimmy filed a motion for enforcement of two portions of the divorce decree. First, he alleged Cynthia had failed to exchange M.E.L. for his periods of possession in the manner required by the decree. Second, he alleged Cynthia had failed to comply with the provisions for payment of the children's healthcare expenses and for processing insurance-claim forms. The decree orders Jimmy to provide healthcare insurance for the children. Cynthia must submit to Jimmy all bills and other documents reflecting any insured expense she incurred for the children within ten days after she receives them. Jimmy must then submit the expense to the insurance carrier within ten days. The decree further orders Jimmy and Cynthia to each pay half of the children's uninsured healthcare expenses. The party who incurred an uninsured expense must submit to the other party all bills and other documents reflecting the expense within ten days after that party receives them. The other party must then reimburse the paying party half of the expense within ten days.

On November 6, 2000, the trial court heard Cynthia's motion to transfer and Jimmy's motion for enforcement. At the beginning of the hearing, Cynthia nonsuited her motion to transfer and petition to modify as to T.J.L. only. The trial court stated on the record that it denied the motion to transfer as to M.E.L. and granted Jimmy's motion for enforcement.

On December 8, 2000, Cynthia filed another motion to transfer as to M.E.L. only and a motion to sever. At the same time, she filed a motion for enforcement of healthcare child support by reduction to judgment and contempt, and for clarification, alleging Jimmy had failed to pay his share of the children's uninsured healthcare expenses as required by the divorce decree.

On January 2, 2001, the trial court signed an order denying Cynthia's first motion to transfer. The record does not reflect a ruling on Cynthia's second motion to transfer, although the court signed the order denying her first motion after she filed the second motion.

On February 16, 2001, the trial court signed an order granting Jimmy's motion for enforcement. The court found that Cynthia was 100% responsible for paying all healthcare expenses she incurred on behalf of the children from January 5, 1996 through November 6, 2000, whether covered by insurance or not, because she failed to comply with the divorce-decree *261 provisions regarding payment and processing of healthcare expenses. In addition, the court changed the exchange location for Jimmy's possession of M.E.L. because Cynthia had not been exchanging M.E.L. at the required locations. Finally, the court ordered Cynthia to post a $2,500 bond to ensure her compliance with the parts of the decree regarding the new exchange location for M.E.L.

On February 16, 2001, the trial court also heard Cynthia's motion for enforcement. On March 12, 2001, the trial court signed an order denying Cynthia's motion for enforcement. This appeal followed.

II. ISSUES PRESENTED FOR REVIEW

Cynthia presents twelve issues for review. Her first eight issues challenge the February 16, 2001 order granting Jimmy's motion for enforcement:

(1) Did the trial court have jurisdiction to render the final order granting Jimmy's motion for enforcement on the issues concerning M.E.L.?
(2) Did Jimmy's motion for enforcement comply with the minimum pleading requirements of section 157.002 of the Texas Family Code?
(3) Must a motion for enforcement strictly comply with section 157.002 of the Texas Family Code to entitle the movant to take advantage of that section's special privilege of an expedited final hearing only ten days after service of the motion?
(4) Were the pleadings and the evidence sufficient to support the trial court's ruling that Cynthia "shall be responsible for 100% of all health care expenses incurred for the children whether covered by health insurance or not through and including services rendered from January 5, 1996 through November 6, 2000"?
(5) Was it within the trial court's discretion to hear evidence on and arrive at an amount of the uninsured medical reimbursement arrearages without pleadings for the enforcement and reduction of these to judgment, without notice to Cynthia that the amount of the arrearages was to be at issue at the hearing, and without notice of the amount of arrearages alleged by Jimmy?
(6) Does the trial court's finding that the actual amounts expended by Cynthia and Jimmy for uninsured health care expenses for the children were approximately equal for the period from January 5, 1996 through November 6, 2000, support the order that Cynthia be 100% responsible for all such expenses incurred, whether covered by insurance or not, during that period?
(7) Did the trial court have discretion to modify the time and place for picking up M.E.L., sua sponte and without pleadings or notice of hearing to Cynthia?
(8) By ordering that Cynthia be responsible for 100% of the medical expenses of the children not paid by insurance, did the trial court impermissibly modify the terms of the divorce decree while purporting to enforce it?

In her last four issues, Cynthia challenges the March 12, 2001 order denying her motion for enforcement:

(9) Did the trial court have jurisdiction to consider the claims pertaining to M.E.L. in the actions for modification and for enforcement filed on December 8, 2000?
(10) Was it within the trial court's discretion to deny Cynthia enforcement *262

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Bluebook (online)
97 S.W.3d 257, 2002 WL 31890027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tjl-texapp-2003.