Opinion
05-23-00593-CV
05-06-2024
IN RE CHRISTOPHER TORRES, Relator
On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-12902
Before Justices Reichek, Smith, and Kennedy
ORDER
CRAIG SMITH JUSTICE
Before the Court is relator's April 26, 2024 status letter advising the Court that relator e-filed a proposed Order Vacating Order Granting Respondent's Motion to Correct and Reform Meditated Settlement Agreement and a proposed Agreed Final Decree of Divorce. Relator contends that the trial court is "unwilling to enter the proposed orders." We disagree with relator's contention that the trial court is "unwilling" to enter the required orders to comply with our April 11, 2024 opinion and order. Nevertheless, we are concerned with the trial court's delay in complying and, therefore, issue this order clarifying our April 11 order.
On April 11, 2024, we issued an opinion conditionally granting relator's petition for writ of mandamus and ordered the trial court to (1) vacate its order granting real party in interest's Motion to Correct and Reform Mediated Settlement Agreement, and (2) enter judgment on the Mediated Settlement Agreement. We further ordered the trial court to file a certified copy of its order and judgment issued in compliance with this Court's April 11, 2024 opinion and order within fourteen days, which set the deadline for the trial court to comply as April 25, 2024.
The trial court has not complied. Based on our review of relator's status letter and an inquiry into the trial court's docket, the trial court has specially set a hearing for June 5, 2024 to obtain the required signatures needed for the proposed Agreed Degree of Divorce submitted by relator. According to the trial court, the parties were unable to agree to a setting prior to that date. Regardless of whether the parties can agree to a hearing date or to the final degree of divorce, a judgment must be entered on the mediated settlement agreement (MSA). "It is well-settled that an MSA that meets section 6.602's statutory formalities 'is binding on the parties and requires the rendition of a divorce decree that adopts the parties' agreement.'" Highsmith v. Highsmith, 587 S.W.3d 771, 775 (Tex. 2019) (per curiam) (quoting Milner v. Milner, 361 S.W.3d 615, 618 (Tex. 2012)); see also Tex. Fam. Code Ann. § 6.602.
An agreed decree of divorce is certainly laudable, but it is not required. And, under these circumstances, attempting to enter an agreed decree of divorce instead of simply entering a judgment that adopts the parties' binding MSA is delaying what relator is entitled to under section 6.602. See Tex. Fam. Code § 6.602(c). "Section 6.602 provides a procedural shortcut for the enforcement of MSAs in divorce cases, eliminating the need for a separate suit to enforce the agreement even when one party withdraws his consent from the MSA." Butler v. Butler, No. 05-02-01631-CV, 2003 WL 21983218, at *1 (Tex. App.-Dallas Aug. 21, 2003, no pet.) (mem. op.). Further delay does not provide the procedural shortcut section 6.602 intended. Judgment must be promptly entered in compliance with our April 11, 2024 opinion and order.
Therefore, we ORDER the trial court to comply by May 17, 2024. No further extensions or reason for delay will be entertained. Should the trial court fail to comply with this order, the writ will issue.