News and Insights
Matt Wins for Client at Texas Supreme Court
October 2023
Husband asked the trial court to construe a writing he demanded his Wife sign as a Partition and Exchange Agreement with the purported effect of characterizing property in his favor.
Matt, representing the wife, secured an order from the trial court denying the Husband's request for such a construction of the writing. Husband applied for a writ of mandamus to the Third Court of Appeals sitting in Austin.
After Matt's briefing on the statutory requirements of partition and exchange as distinguished from forfeiture or assignment, contingencies requiring future acts, and the distinction between division and partition, the Third Court agreed with Wife and denied Husband's request for the writ.
Husband appealed to the Texas Supreme Court.
The Texas Supreme Court agrees with Matt's client and denied Husband's appeal.
A satisfying project and a happy client.