Garza v. Garza
Texas Court of Appeals
666 S.W.2d 205 (1983)
- Written by Whitney Kamerzel , JD
Facts
Simon Garza (defendant) and Carmen Garza (plaintiff) were married. Carmen filed for a divorce, and the trial court distributed the Garzas’ community property. The judge divested Simon of his real property and awarded it to Carmen. However, the judge gave Simon 90 days to exercise an option to purchase the property at a set price. If Simon did not exercise the option, the property would remain Carmen’s. Carmen did not timely appeal the trial court’s ruling. Within 90 days, Simon exercised the option to purchase the property and filed a motion to enforce the judgment and compel Carmen to give him the property. The trial court granted the motion. Carmen appealed, arguing the trial court did not originally have the authority to give Simon the option to purchase the property.
Rule of Law
Issue
Holding and Reasoning (Tijerina, J.)
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