Thurman H. West v. Gwendolyn Meshalle West
01-14-00350-CV
| Tex. App. | Aug 11, 2015Background
- Appellee Gwendolyn Meshalle West seeks rehearing in the First Court of Appeals (Houston) from a divorce case involving division of community property in Brazoria County.
- The trial court awarded the house to Thurman West as part of a just and right division; Thurman had previously deeded the house to Southeast Community Church during the marriage.
- Southeast was an original party below but did not object at trial or appeal the trial court’s characterization of the property as not part of the community estate.
- Appellee contends the deed and homestead constraints render the conveyance void or inoperative against her interest, and objects to the characterization of the house as outside the community estate.
- The briefing asserts misapplication of Villarreal, Musick, and related homestead principles to retroactively remove the property from the community estate.
- Appellee asks the court to grant rehearing, withdraw the prior opinion, and affirm the trial court’s judgment for her.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of the ground relied on | West: the court’s basis was waived by Southeast’s failure to timely object/appeal. | Thurman: standing and waiver principles were not properly applied by the court. | Waived ground; court should not consider it. |
| Necessity of granting rehearing to correct reasoning | West: the appellate reasoning is erroneous and flawed. | Thurman: no need to disturb the existing holding. | Rehearing should be granted to correct faulty reasoning. |
| Conflict with Texas Supreme Court precedent and the Texas Constitution | West: Higgins remains valid; Villarreal, Grisson, etc. do not overturn Higgins; homestead protections require proper application. | Thurman: the appellate court properly balanced authorities and the decree complied with law. | Appellate opinion conflicts with Higgins and the Texas Constitution; trial court should be affirmed or rehearing needed to align with precedent. |
Key Cases Cited
- Brooks v. Mass Mktg., 2010 Tex. App. LEXIS 2529 (Tex. App.–Austin 2010) (standing and waiver principles for appeal)
- Cont’l Cas. Co. v. Huizar, 740 S.W.2d 429 (Tex. 1987) (standing to appeal; aggrievement)
- Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (standing; organizational interests)
- Nootsie, Ltd. v. Williamson County Appraisal Dist., 925 S.W.2d 659 (Tex. 1996) (standing to appeal; real controversy)
- Villarreal v. Laredo National Bank, 677 S.W.2d 600 (Tex. App.–San Antonio 1984) (one-spouse homestead transactions; creditor protections)
- Hous. First Am. Sav. v. Musick, 650 S.W.2d 764 (Tex. 1983) (doctrine of after-acquired title; homestead exception)
- Higgins v. Bankers’ Mortg. Co., 13 S.W.2d 683 (Tex. Comm’n App. 1929) (one-spouse homestead transactions invalid to pass title)
- Grisson v. Anderson, 79 S.W.2d 619 (Tex. 1935) (homestead and marital property considerations)
- Geldard v. Watson, 214 S.W.3d 202 (Tex. App.–Texarkana 2007) (homestead property; appellate authority)