Webb v. Webb

Court of Appeals of Texas

Webb v. Webb

393 S.W.2d 408

CourtCourt of Appeals of Texas

DecidedJune 24, 1965

Docket14600

StatusPublished

Cited by2 cases

This text of 393 S.W.2d 408 (Webb v. Webb) 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

Webb v. Webb, 393 S.W.2d 408 (Tex. Ct. App. 1965).

Pincite

Opinion

COLEMAN, Justice.

This is a suit for divorce brought by the husband. The trial court denied the divorce and awarded $750.00 attorney’s fees to the wife and her lawyers.

This appeal is based on the point that the trial court erred in awarding attorney’s fees “in that there was no showing of good faith and probable cause or necessity” and in that the awarding of attorney’s fees amounted to a division of the community property after a denial of the divorce.

*409 This case is before us without a statement of facts. Appellant’s first point is a “no evidence” point which we cannot determine in the absence of a statement of facts. The judgment reflects that evidence was heard. We must presume that it was sufficient to support the judgment rendered. City of Houston v. Adams, Tex.Civ.App., 326 S.W.2d 627, ref., n. r. e.; Thomas v. International Harvester Co., Tex.Civ.App., 325 S.W.2d 832, ref., n. r. e.

In the absence of a statement of facts or findings of fact and conclusions of law, the other point presents the question of whether attorney’s fees may properly be awarded where the court denies the husband’s petition for divorce. That this can be done in a proper case is no longer an open question in this State. Roberts v. Roberts, 144 Tex. 603, 192 S.W.2d 774.

The judgment of the trial court is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

COLEMAN, Justice.

This is a suit for divorce brought by the husband. The trial court denied the divorce and awarded $750.00 attorney’s fees to the wife and her lawyers.

This appeal is based on the point that the trial court erred in awarding attorney’s fees “in that there was no showing of good faith and probable cause or necessity” and in that the awarding of attorney’s fees amounted to a division of the community property after a denial of the divorce.

*409 This case is before us without a statement of facts. Appellant’s first point is a “no evidence” point which we cannot determine in the absence of a statement of facts. The judgment reflects that evidence was heard. We must presume that it was sufficient to support the judgment rendered. City of Houston v. Adams, Tex.Civ.App., 326 S.W.2d 627, ref., n. r. e.; Thomas v. International Harvester Co., Tex.Civ.App., 325 S.W.2d 832, ref., n. r. e.

In the absence of a statement of facts or findings of fact and conclusions of law, the other point presents the question of whether attorney’s fees may properly be awarded where the court denies the husband’s petition for divorce. That this can be done in a proper case is no longer an open question in this State. Roberts v. Roberts, 144 Tex. 603, 192 S.W.2d 774.

The judgment of the trial court is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

393 S.W.2d 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-webb-texapp-1965.

Opinion

Related

Cite This Page — Counsel Stack