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Ex Parte Choate

582 S.W.2d 625 (1979)

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Ex Parte Choate

Texas Court of Civil Appeals
582 S.W.2d 625 (1979)

  • Written by Whitney Kamerzel , JD

Facts

Alton Choate (plaintiff) was married to Juanita Choate, and they subsequently divorced. The divorce court entered a final divorce decree and required Alton to sign the required documents to convey stocks and a car to Juanita. However, the decree did not specify exactly which documents were required to complete the transactions. The decree also required Alton to execute a deed to transfer the home to Juanita. Lastly, the decree ordered Alton to pay $3,750 to Juanita’s attorneys. The divorce decree became final when Alton did not appeal it. Alton did not take any action to comply with the divorce decree. Juanita filed a motion to have Alton held in contempt. Alton was found guilty and jailed until he came in compliance with the decree. Alton filed a habeas corpus petition, and the Texas Court of Civil Appeals agreed to review the case.

Rule of Law

Issue

Holding and Reasoning (Keith, J.)

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