Lee Arthur Bush v. Emma Jean Bush
05-15-00586-CV
| Tex. App. | Sep 21, 2015Background
- This is a Dallas County divorce case ( Emma Jean Bush v. Lee Arthur Bush) proceeding to trial-type disposition after a bench trial before Judge James B. Martin; the final decree issued Feb. 26, 2015, with Judge Martin later dying in 2015.
- Appellant argued a Rule 11 agreement from a separate 2002 case should govern the property division in this case; that prior case was nonsuited in 2006 and never finalized.
- The trial court’s property award favored appellee; the court did not issue formal findings of fact and conclusions of law, though a detailed rendition by Judge Martin described key rulings and evidentiary issues.
- Appellee opposed enforcement of the Rule 11 agreement as it related to the 2002 case, argued the agreement was inapplicable to this case, and emphasized the lack of final decree tying the prior agreement to the present litigation.
- The appellate court ultimately upheld that there was no enforceable Rule 11 agreement in this case and found the lack of findings of fact not fatally defective under the circumstances.
- The record shows extensive discovery disputes and procedural maneuvering, including pro se filings by the appellant and post-decree litigation activity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 11 agreement enforceability | Bush argues the 2002 Rule 11 agreement applies | Bush contends the 2002 agreement died with the nonsuit | No enforceable Rule 11 agreement in this case |
| Effect of missing findings of fact and conclusions of law | Appellant claims lack of findings prejudiced appeal | Rendition detailed sufficient basis for decision despite no formal findings | Not fatal defect; no reversible error based on the record |
Key Cases Cited
- Hyundai Motor Co. v. Alvarado, 892 S.W.2d 853 (Tex. 1995) (nonsuit-related issues and dismissal principles applied)
- Pakdimounivang v. City of Arlington, 210 S.W.3d 401 (Tex.App.—Fort Worth 2006) (dismissal with prejudice for issues decided in partial summary judgment)
- In the Marriage of C.A.S., 405 S.W.3d 73 (Tex.App.—Dallas 2013) (rehearing dismissed; evidentiary considerations in asset characterization)