Opinion
NO. 01-16-00573-CV
08-31-2017
FRANCIS MICHAEL LYNCH, Appellant v. DONNA FALCON LYNCH, Appellee
JUDGMENT
Appeal from the 310th District Court of Harris County. (Tr. Ct. No. 2016-09145).
This case is an appeal from the final judgment signed by the trial court on April 26, 2016. After submitting the case on the appellate record and the arguments properly raised by the parties, the Court holds that there was reversible error in the portion of the trial court's judgment that awards Donna Lynch $10,000.00 in appellate attorney's fees. Accordingly, the Court reverses this portion of the trial court's judgment.
The Court remands the case to the trial court for a new hearing regarding Donna Lynch's appellate attorney's fees.
The Court further holds that there was error in the portion of the trial court's judgment, on page 14, which orders Donna and Michael to defend and indemnify one another for claims brought against a spouse based the other spouse's debts, obligations, or liabilities. Accordingly, the Court modifies the referenced portion of the trial court's judgment by deleting the following language from the judgment:
Indemnification
Petitioner represents and warrants that she has not incurred any outstanding debt, obligation, or other liability on which the other party is or may be liable, other than those described in this decree. IT IS ORDERED that if any claim, action, or proceeding is hereafter initiated seeking to hold the party not assuming a debt, an obligation, a liability, an act, or an omission of the other party liable for such debt, obligation, liability, act or omission of the other party, that other party will, at his or her sole expense, defend the party not assuming the debt, obligation, liability, act, or omission of the other party against any such claim or demand, whether or not well founded, and will indemnify the party not assuming the debt, obligation, liability, act, or omission of the other party and hold him or her harmless from all damages resulting from the claim or demand.
Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney's fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity.
IT IS ORDERED that the indemnifying party will reimburse the indemnified party, on demand, for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates.
IT IS ORDERED that each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this decree.
Other than identified above, the Court further holds that there was no reversible error in the remaining portions of the trial court's judgment. Therefore, other than the portion of the judgment awarding appellate attorney's fees, the Court affirms the remainder of the trial court's judgment as herein modified.
The Court orders that this decision be certified below for observance. Judgment rendered August 31, 2017. Panel consists of Justices Jennings, Higley, and Massengale. Opinion delivered by Justice Higley.