Marilyn Oneill Mann v. Horace M. Mann Book Reviews
Marilyn Oneill Mann v. Horace M. Mann by Supreme Court of Texas Book Summary
This is an appeal from a judgment in a divorce case. Our appellate jurisdiction is invoked by the dissenting opinion in the Court of Civil Appeals. Tex.Rev.Civ.Stat. art. 1728(1) (1962); see Bishop v. Bishop, 359 S.W.2d 869 (Tex.1962). Subdivision 1 of Article 1728 extends our appellate jurisdiction to questions of law arising in a divorce case where the judges of the Court of Civil Appeals may disagree upon a question of law material to the decision. Here, the majority in the Court of Civil Appeals ruled that the trial court did not abuse its discretion in making a division of the property of the divorcing parties. 592 S.W.2d 4. The dissenting judge stated he found no justification for the trial courts division. A determination of whether the property division decreed in a divorce constitutes an abuse of discretion presents a legal rather than a factual question for appellate review. McKnight v. McKnight, 543 S.W.2d 863 (Tex.1976). Thus, the judges of the Court of Civil Appeals disagreed on a "question of law material to the decision" and this Court has jurisdiction.
Book Name | Marilyn Oneill Mann v. Horace M. Mann |
Genre | Law |
Author | Supreme Court of Texas |
Published | 29 October 1980, Wednesday |
Language | English |
E-Book Size | 62.05 KB |
Marilyn Oneill Mann v. Horace M. Mann (Supreme Court of Texas) Book Reviews 2024
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Summary of Marilyn Oneill Mann v. Horace M. Mann by Supreme Court of Texas
The Marilyn Oneill Mann v. Horace M. Mann book written by Supreme Court of Texas was published on 29 October 1980, Wednesday in the Law category. A total of 124 readers of the book gave the book 0 points out of 5.
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