in the Interest of K.V.K., a Child
05-14-01384-CV
| Tex. App. | Aug 3, 2017Background
- Suit for parentage filed Oct 2012 shortly before child K.V.K.’s birth; parents no longer dating.
- July 8, 2013 temporary orders: Mother named temporary sole managing conservator; Father given supervised visitation and ordered to pay $970/month child support starting July 15, 2013.
- Father failed to pay under temporary order; later improved sobriety and the parties reached agreements on conservatorship, possession, and support.
- At final trial (July 28, 2014) evidence showed Father’s total arrears of $10,571.74, some goods and payments were provided by Father and his parents (clothing, $4,000 house repairs, $500 gift card, $500 clothes/toys).
- Final judgment awarded Mother $6,632 in child-support arrears, reflecting credits the court allowed for some of those goods/payments.
- Post-judgment, on Sept 4, 2014 the former guardian ad litem Tim Gonzalez sought reappointment; Oct 2014 the trial court ordered reappointment and required each parent to deposit funds toward his fees.
Issues
| Issue | Mother’s Argument | Father’s Argument | Held |
|---|---|---|---|
| 1. Credits to Father’s unpaid child support for parents’ payments and gifts | Trial court erred in crediting repairs, clothes, and gift card against Father’s arrears | Court adopted parties’ agreement and evidence showing credits; Father (and his parents) provided value that should be credited | Not preserved for appeal; no objection at trial and not raised in timely new-trial motion — presents nothing to review |
| 2. Calculation of "unpaid child support" amount in final judgment | Amount incorrectly calculated due to improper credits | Final judgment reflected agreed calculation and accepted evidence | Not preserved for appeal — same preservation failure |
| 3. Reappointment of guardian ad litem and fee allocation (Oct 2014 order) | Trial court erred in reappointing ad litem and ordering Mother to pay half fees | Reappointment necessary to protect child during post-judgment enforcement litigation | Issue not before appellate court: Oct 2014 order was interlocutory and not appealable or subsumed by final judgment |
| 4. Order requiring deposit and reservation for additional fees | Order improperly compelled deposits and prospective fees against Mother | Trial court retained authority to require deposits and additional fees before trial | Not reviewable on this appeal because order is interlocutory and not subsumed within the final judgment |
Key Cases Cited
- Jack B. Anglin Co. Inc. v. Tipps, 842 S.W.2d 266 (Tex. 1992) (appeals lie only from final judgments or authorized interlocutory orders)
- Gunnerman v. Basic Capital Mgmt., Inc., 106 S.W.3d 821 (Tex. App.—Dallas 2003, pet. denied) (appeal from final judgment brings forward earlier orders merged into final judgment)
- State Fair of Tex. v. Iron Mountain Info. Mgmt., Inc., 299 S.W.3d 261 (Tex. App.—Dallas 2009, no pet.) (examples of interlocutory appeal rules and limits)
- Moritz v. Preiss, 121 S.W.3d 715 (Tex. 2003) (untimely new-trial filings are a nullity for preserving appellate issues)
- Kenseth v. Dallas Cty., 126 S.W.3d 584 (Tex. App.—Dallas 2004, pet. denied) (death of a party during appeal does not necessarily render appeal moot when property rights remain)
- Casillas v. Cano, 79 S.W.3d 587 (Tex. App.—Corpus Christi 2002, order) (representation of deceased party on appeal per Tex. R. Civ. P. 152)
