[Download] "Lette Yvonne Haggard v. Bobby Jack Haggard" by Dallas the Fifth Court of Civil Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Lette Yvonne Haggard v. Bobby Jack Haggard
- Author : Dallas the Fifth Court of Civil Appeals
- Release Date : January 08, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Lette Haggard appealed from the division of community property pursuant to a divorce decree. Bobby Haggard moved to dismiss the appeal due to Mrs. Haggards acceptance of benefits under the judgment. In a prior opinion we dismissed the appeal on the authority of Carle v. Carle, 149 Tex. 469, 234 S.W.2d 1002 (1950), which holds that a party cannot appeal from a judgment where he has voluntarily accepted benefits under it. In her original appeal, no reason was given for accepting benefits under the judgment; however, in her motion for rehearing, supported by affidavit, Mrs. Haggard asserts that she accepted the benefits because of economic hardship which, she insists, is an exception to the general rule that a party cannot appeal from a judgment after accepting benefits under it. We reinstate the appeal, but we hold that the trial court did not abuse its discretion in dividing the property. Accordingly, we affirm.
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