In re Marriage of Ames
Texas Court of Civil Appeals
860 S.W.2d 590 (1993)
- Written by Tammy Boggs, JD
Facts
Raymond Ames (plaintiff) and Nancy Ames (defendant) filed for divorce in Texas. Through mediation, the Ames reached a settlement on the disposition of their community property on June 5, 1991. Under the agreement, Raymond promised to execute a $320,000 promissory note to Nancy. The agreement did not include any provisions on the payment of income tax liabilities. On June 20, 1991, Raymond attempted to withdraw his consent to the agreement by having his attorney write a letter to Nancy’s attorney. In August 1991, Nancy filed a motion for entry of divorce decree based on the June 5 settlement agreement. Thereafter, the trial court entered a divorce decree dividing the couple’s community property based on some but not all the terms of the settlement agreement. For example, the divorce decree ordered Raymond to pay for income tax liabilities through 1990 and required him to pay a $320,000 money judgment in addition to executing a $320,000 promissory note to Nancy. Raymond appealed, arguing that he repudiated the settlement agreement and, even if he did not, the trial court erred in entering a divorce decree that differed from and effectively modified the settlement agreement.
Rule of Law
Issue
Holding and Reasoning (Poff, J.)
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