Chavez v. McNeely
Court of Appeals of Texas
287 S.W.3d 840 (2009)
Joe McNeely (plaintiff) and Brenda McNeely Chavez (defendant) married in 1969, then divorced and remarried two times. In 2000, Joe became completely paralyzed from a horseback riding accident. The couple divorced a third time in 2001. The couple litigated their divorce, and their settlement resulted in a consent decree. The consent decree required that Brenda provide as much financial support as possible for Joe’s needs, limited only by her own financial situation. Brenda paid the mortgage, taxes, and insurance on Joe’s ranch, but stopped giving him additional financial support when her own business began failing in 2003. In 2007, Joe sued Brenda for breach of the consent decree. The trial court found that Brenda could have provided Joe with $300,000 per year in support from 2003 through 2007. It found that Brenda had breached the consent decree and awarded Joe $950,000 in damages. Brenda appealed, arguing that the terms of the consent decree were too indefinite to be enforced.
Rule of Law
Holding and Reasoning (Radack, C.J.)
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