Perry v. Perry

22 Citing cases

  1. Waldrop v. Waldrop

    552 S.W.3d 396 (Tex. App. 2018)   Cited 11 times

    Our primary concern when interpreting an agreed divorce decree is to ascertain and give effect to the intent of the parties as it is expressed in the agreement. Coker v. Coker , 650 S.W.2d 391, 393 (Tex. 1983) ; Perry v. Perry , 512 S.W.3d 523, 527 (Tex. App.—Houston [1st Dist.] 2016, no pet.). We examine the decree as a whole to harmonize and give effect to the entire agreement so that none of its provisions will be rendered meaningless.

  2. In re in the Estate of Price

    528 S.W.3d 591 (Tex. App. 2017)   Cited 8 times   2 Legal Analyses

    "We review a trial court's interlocutory order appointing a receiver for an abuse of discretion." Perry v. Perry , No. 01–16–00156–CV, 512 S.W.3d 523, 526, 2016 WL 7212578, at *3 (Tex. App.–Houston [1st Dist.] Dec. 13, 2016, no pet. h.) ; seeStoker v. Stoker , No. 12–07–00334–CV, 2008 WL 2043037, at *1 (Tex. App.–Tyler May 14, 2008, no pet.) (mem. op.); Krumnow v. Krumnow , 174 S.W.3d 820, 828 (Tex. App.–Waco 2005, pet. denied). "The test for abuse of discretion is not whether, in the opinion of the reviewing court, the facts present an appropriate case for the trial court's action.

  3. A-Medical Advantage Healthcare Sys. v. Shwarts

    No. 10-18-00050-CV (Tex. App. Dec. 31, 2019)   Cited 1 times

    "When, as here, the trial court makes no separate findings of fact or conclusions of law, we draw every reasonable inference supported by the record in favor of the trial court's judgment." Perry v. Perry, 512 S.W.3d 523, 526 (Tex. App.—Houston [1st Dist.] 2016, no pet.). A trial court's order must be affirmed if it can be upheld on any legal theory that finds support in the evidence.

  4. Abada v. Abada

    No. 05-23-00273-CV (Tex. App. Oct. 7, 2024)

    Under the family code, the trial court that renders a divorce decree retains jurisdiction to clarify and to enforce the decree's property division. Perry v. Perry, 512 S.W.3d 523, 527 (Tex. App.- Houston [1st Dist.] 2016, no pet.). However, after its plenary power expires, the trial court may not amend, modify, alter, or change the property division in the decree.

  5. Hancock v. Hancock

    No. 05-22-01090-CV (Tex. App. Oct. 16, 2023)

    See id. (citing Perry v. Perry, 512 S.W.3d 523, 528-29 (Tex. App.-Houston [1st Dist.] 2016, no pet.)).

  6. Gulliksen v. Gulliksen

    No. 02-20-00203-CV (Tex. App. May. 6, 2021)   Cited 2 times

    Contract construction begins with the express language of the agreement. See Perry v. Perry, 512 S.W.3d 523, 527-28 (Tex. App.—Houston [1st Dist.] 2016, no pet.) (citing Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. of Am., 341 S.W.3d 323, 333 (Tex. 2011)). "If the written instrument is so worded that it can be given a certain or definite legal meaning or interpretation, then it is not ambiguous and the court will construe the contract as a matter of law."

  7. In re Estate of Martinez

    NO. 01-18-00217-CV (Tex. App. Apr. 2, 2019)   Cited 2 times   1 Legal Analyses

    We review an order appointing a receiver for an abuse of discretion. Perry v. Perry, 512 S.W.3d 523, 526 (Tex. App.—Houston [1st Dist.] 2016, no pet.); Benefield v. State, 266 S.W.3d 25, 31 (Tex. App.—Houston [1st Dist.] 2008, no pet.). "A trial court abuses its discretion when it rules arbitrarily, unreasonably, without regard to guiding legal principles, or without supporting evidence."

  8. Monsalve v. CMG Fin.

    No. EP-21-CV-00058-FM (W.D. Tex. Jun. 15, 2021)   Cited 1 times

    Refinancing will establish the contractual debtor-creditor relationship that would grant Plaintiff many of the rights and obligations she asserts in this action. See Waite v. Waite, 150 S.W.3d 797, 799-800 (Tex. App.-Houston [14th Dist.] 2004, pet. denied) (describing one of the steps taken to effectuate the division of property in a divorce decree to include the execution of a warranty deed to transfer ownership interest in the home); Perry v. Perry, 512 S.W.3d 523, 525 (Tex. App.- Houston [1st Dist.] 2016, no pet.) (same).See Deed of Trust ¶ 13 (“any Successor in Interest of Borrower who assumes Borrower's obligations . . . and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument”).

  9. Rivera v. Wells Fargo Bank

    EP-16-CV-00192-DCG (W.D. Tex. Mar. 29, 2018)

    "Under Texas law, a divorce decree by which the ex-husband agrees to pay the ex-wife a sum of money in consideration for the conveyance of her interest in real property creates an equitable vendor's lien for the ex-wife." Perry v. Perry, 512 S.W.3d 523, 529 (Tex. App.—Houston [1st Dist.] 2016, no pet.). "Although the ex-wife no longer has title to the property, she can use the lien as an encumbrance against the property to satisfy the debt."

  10. Dattore v. Harvey

    No. 03-22-00657-CV (Tex. App. Dec. 27, 2024)

    Josepha cites Perry v. Perry to support her argument. See 512 S.W.3d 523, 528 (Tex. App.-Houston [1st Dist.] 2016, no pet.) (concluding that provisions of divorce decree were subject to reasonable interpretation that husband is awarded possession of house and is responsible for selling house and wife is divested of any interest in house except for right to one-half of profits of sale)