In the Matter of the Marriage of Mary Lisa Haire Mullis and Robert Wesley Mullis v. the State of Texas

CourtCourt of Appeals of Texas
DecidedMay 15, 2025
Docket13-23-00446-CV
StatusPublished

This text of In the Matter of the Marriage of Mary Lisa Haire Mullis and Robert Wesley Mullis v. the State of Texas (In the Matter of the Marriage of Mary Lisa Haire Mullis and Robert Wesley Mullis v. the State of Texas) 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 the Matter of the Marriage of Mary Lisa Haire Mullis and Robert Wesley Mullis v. the State of Texas, (Tex. Ct. App. 2025).

Opinion

NUMBER 13-23-00446-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF THE MARRIAGE OF MARY LISA HAIRE MULLIS AND ROBERT WESLEY MULLIS

ON APPEAL FROM THE 28TH DISTRICT COURT OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices West and Cron Memorandum Opinion by Justice Cron

This is an appeal from a divorce decree. The trial court granted the divorce based

on insupportability, divided the community property, confirmed separate property for each

spouse, and denied wife’s request for spousal maintenance. In what we construe as two

issues, which we have reordered, wife complains that the trial court abused its discretion

by failing to: (1) grant the divorce on cruelty grounds; and (2) award her spousal maintenance based on (A) her physical and mental disabilities, or (B) husband’s history

of family violence. We affirm in part and reverse and remand in part.

I. BACKGROUND

Appellant Mary Lisa Haire Mullis and appellee Robert Wesley Mullis were married

on March 9, 2019, and separated on March 18, 2020, after Mary accused Robert of

choking her in the marital residence. Robert was arrested and a magistrate entered an

order of emergency protection that prohibited Robert from going within 200 yards of the

marital residence.

On March 19, 2020, Mary filed an application for a temporary ex parte protective

order, which was assigned to the 214th District Court. In that parallel proceeding, the

214th District Court granted the application for temporary emergency relief and, after a

contested hearing, entered a final protective order, which included a finding that Robert

had “committed family violence.” As a result of that parallel proceeding, Mary was granted

exclusive use of the marital residence for several months, and Robert was ordered to pay

Mary $1,000 a month in support and all expenses associated with the marital residence

during that period. Robert was also ordered to pay Mary’s attorney’s fees associated with

the proceeding in the amount of $10,500.00.

On March 24, 2020, Mary filed her original petition for divorce on the alternative

grounds of insupportability and cruelty. The divorce proceeding was assigned to the 28th

District Court (the “trial court”), which conducted a bench trial on May 18 and May 22,

2023. The parties stipulated that the criminal charge against Robert was still pending at

the time of trial. With respect to the choking incident, Mary testified that Robert “shoved

2 [her] against the wall and proceeded to choke [her] with both hands.” She said she could

not breathe, her eyes began to sting, and she urinated on herself before she was able to

break away and call police. She also testified that she visited her primary care physician

the following day, and medical records from that visit were introduced into evidence. The

physician noted that Mary presented with “swelling” in her oral cavity and “bruising and

laryngeal trauma from strangulation.” Robert initially denied the choking allegation but

thereafter invoked his Fifth Amendment right against self-incrimination.

With respect to her request for spousal maintenance, Mary testified that she suffers

from physical and mental disabilities that have prevented her from maintaining gainful

employment, that she is currently unemployed, that she has moved in with her brother

and sister in-law and relies on them for financial support, and that her monthly expenses

are $1,407.09. Robert argued in closing that the trial court should deny Mary’s request

for spousal maintenance for various reasons, including the fact that Robert had already

expended significant funds to support Mary during the pendency of the suit. After taking

the matter under advisement, the trial court issued a letter ruling, which included the

following findings of fact and conclusions of law, among others:

The Wife is claiming cruelty and domestic violence as well as insupportability as cause[s] of the dissolution of the marriage. Based on the evidence presented, the allegation of an attempt to choke was made by the Wife against the Husband, the criminal matter is still pending, and other than the one allegation, no other acts of domestic violence w[ere] presented. The Court finds no evidence of cruelty or domestic violence but finds that the marriage was insupportable with no expectation of reconciliation.

....

The Court finds that during Temporary Orders, the wife was allowed

3 to reside in the Husband[’s] separate property from March to October 2022 (approx. 7 months). The Court further finds that during that period[,] Husband paid for all the utilities and other household expenses. The Husband also paid $2,500.00 to assist her to move out. And due to the condition of the home, Husband had to pay to clean his home . . . when Wife moved out.

The evidence was presented that Husband’s retirement account accumulated from his employer between date of marriage and date of filing for divorce was $7,192.00. The circumstances that prevented finalization of the divorce was due to many reasons such as Wife’s previous attorney withdrawing and various requests by Wife to continue this matter. This divorce could have been resolved and finalized sooner. (See attached court hearing summary)[.] The Husband agrees to pay her $7,192.00 as her share of the retirement during this period. Court awards Wife $7,192.00 payable in 30 days after final order is signed.

The Court finds that the Husband has extended well over sufficient funds in support, including rent and utilities for 7 months, $10,500 for attorney’s fees, $2[,]500 for moving expenses, as well as for cleaning expenses, and $7,192.00 as her portion of his retirement. Therefore, no spousal support is Ordered.

Counsel are ordered to submit final Orders reflecting the above.

On July 11, 2023, the trial court entered a final decree of divorce consistent with

its letter ruling. The parties did not formally request findings of fact and conclusions of

law, and none were made. Rather, Mary filed a motion for new trial challenging the trial

court’s findings and conclusions in its letter ruling, and Robert filed a response in

opposition explaining why the trial court’s findings and conclusions were supported by the

record. The motion for new trial was overruled by operation of law, and this appeal

ensued.

4 II. STANDARD OF REVIEW

We generally apply an abuse of discretion standard to both of Mary’s issues. See

Villalpando v. Villalpando, 480 S.W.3d 801, 805 (Tex. App.—Houston [14th Dist.] 2015,

no pet.) (grounds for divorce); Smith v. Smith, 115 S.W.3d 303, 305 (Tex. App.—Corpus

Christi–Edinburg 2003, no pet.) (spousal maintenance). A trial court abuses its discretion

when it acts arbitrarily or unreasonably, or without any reference to guiding rules and

principles. In re K.L.C., 672 S.W.3d 734, 743 (Tex. App.—Corpus Christi–Edinburg 2023,

no pet.). A trial court does not abuse its discretion if there is some evidence of a

substantive and probative character to support the decision. Id. “However, a trial court

has no discretion to incorrectly analyze or apply the law, and its clear failure to analyze

or apply the law correctly is an abuse of discretion.” Johnson v. Kimbrough, 681 S.W.3d

430, 439 (Tex.

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In the Matter of the Marriage of Mary Lisa Haire Mullis and Robert Wesley Mullis v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-marriage-of-mary-lisa-haire-mullis-and-robert-wesley-texapp-2025.