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Leax v. Leax

305 S.W.3d 22 (Tex. App. 2009)

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Leax v. Leax

Texas Court of Appeals
305 S.W.3d 22 (Tex. App. 2009)

Facts

While Elaine Leax (plaintiff) and Robert Leax (defendant) were dating, Elaine informed Robert that she had been married and divorced twice. Shortly before the parties’ wedding, Elaine revealed that she had a third prior marriage and divorce, prompting Robert to directly ask Elaine whether there were any additional prior marriages of which he was unaware. Elaine told him there were not, failing to reveal five additional prior marriages. The parties married in 2001 but separated in 2007 when Elaine moved out while Robert was on a cruise. Elaine took many household items and removed most of the funds from a joint checking account. When Eliane filed for divorce, Robert learned of Elaine’s total of eight prior marriages. In response, Robert filed a counterpetition for annulment of the marriage on the basis of fraud, arguing that Elaine misled him and that he would not have married her if he had known of the eight prior marriages. The trial court held in Robert’s favor and granted the annulment. Elaine appealed.

Rule of Law

Issue

Holding and Reasoning (Keyes, J.)

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