Grayson v. Grayson, 103 S.W.3d 559 (Tex. App. 2003). · Go Syfert
Grayson v. Grayson, 103 S.W.3d 559 (Tex. App. 2003). Cases Citing This Book View Copy Cite
“lthough appellant challenges the sufficiency of the evidence to support the divorce decree, he must show that the evidence, or lack thereof, caused the court to act without reference to any guiding rules or principles or to act arbitrarily or unreasonably.”
31 citation events (31 in the last 25 years) across 1 distinct court.
Strongest positive: Jacek Dzierwa v. Veronica Cerda (texapp, 2014-08-06)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Jacek Dzierwa v. Veronica Cerda (2×) also: Cited as authority (rule)
Tex. App. · 2014 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
lthough appellant challenges the sufficiency of the evidence to support the divorce decree, he must show that the evidence, or lack thereof, caused the court to act without reference to any guiding rules or principles or to act arbitrarily or unreasonably.
discussed Cited as authority (rule) in the Interest of M.B., a Child
Tex. App. · 2020 · confidence medium
“A trial court abuses its discretion if it acts without reference to guiding rules or principles (legal issues) or acts arbitrarily or unreasonably (factual issues).” Gardner, 229 S.W.3d at 751 (citing Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex. App.—San Antonio 2003, no pet.)).
discussed Cited as authority (rule) in Re: Thomas Mark Richardson
Tex. App. · 2017 · confidence medium
See Miles v. Peacock, 229 S.W.3d 384, 389 (Tex.App.—Houston [1st Dist.] 2007, no pet.); Niskar v. Niskar, 136 S.W.3d 749, 759 (Tex.App.—Dallas 2004, no pet.); Grayson v. Grayson, 103 S.W.3d 559, 563 (Tex.App.—San Antonio 2003, no pet.).
discussed Cited as authority (rule) Susana I. Villalpando v. Armando Villalpando
Tex. App. · 2015 · confidence medium
In re A.B.P., 291 S.W.3d 91, 95 (Tex. App.-Dallas 2009, no pet.); see Rivas v. Rivas, 452 S.W.3d 49, 54 (Tex. App.-El Paso 2014, no pet.) (indicating family law issues such as property division, 6 conservatorship, visitation or child support are reviewed under an abuse of discretion standard); Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex. App.-San Antonio 2003, no pet.) (same).
discussed Cited as authority (rule) Leticia R. Alvarez v. Reymundo Alvarez
Tex. App. · 2015 · confidence medium
In re A.B.P., 291 S.W.3d 91, 95 (Tex. App.—Dallas 2009, no pet.); see Rivas v. Rivas, 452 S.W.3d 49, 54 (Tex. App.—El Paso 2014, no pet.) -2- 04-13-00787-CV (indicating family law issues such as property division, conservatorship, visitation or child support are reviewed under an abuse of discretion standard); Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex. App.—San Antonio 2003, no pet.) (same).
discussed Cited as authority (rule) Larisa Jackson v. Vagram Saradjian
Tex. App. · 2013 · confidence medium
Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex. App.—San Antonio 2003, no pet.); see also Schlueter v. Schlueter, 975 S.W.2d 584, 589 (Tex. 1998) (recognizing trial court is afforded wide discretion in dividing marital estate).
discussed Cited as authority (rule) Ritu Singh v. Rajiv Singh
Tex. App. · 2009 · confidence medium
Grayson v. Grayson , 103 S.W.3d 559, 561 (Tex. App.—San Antonio 2003, no pet.); see also Schlueter v. Schlueter , 975 S.W.2d 584, 589 (Tex. 1998) (recognizing trial court is afforded wide discretion in dividing marital estate).
discussed Cited as authority (rule) Brenda Gray v. Maria Gloria Nash
Tex. App. · 2008 · confidence medium
Code Ann. § 154.006(a) (recognizing trial court’s authority to order that child support payments continue after obligor’s death); Miles v. Peacock , 229 S.W.3d 384, 389 (Tex. App.—Houston [1st Dist.] 2007, no pet.) (recognizing trial court’s authority to order parent to maintain life insurance for benefit of minor children); Niskar v. Niskar , 136 S.W.3d 749, 759 (Tex. App.—Dallas 2004, no pet.) (same); Grayson v. Grayson , 103 S.W.3d 559, 563 (Tex. App.—San Antonio 2003, no pet.) (same).
discussed Cited as authority (rule) Gray v. Nash
Tex. App. · 2008 · confidence medium
See Tex. FaM.Code ANN. § 154.006(a) (recognizing trial court’s authority to order that child support payments continue after obligor’s death); Miles v. Peacock, 229 S.W.3d 384, 389 (Tex.App.-Houston [1st Dist.] 2007, no pet.) (recognizing trial court’s authority to order parent to maintain life insurance for benefit of minor children); Niskar v. Niskar, 136 S.W.3d 749, 759 (Tex.App.-Dallas 2004, no pet.) (same); Grayson v. Grayson, 103 S.W.3d 559, 563 (Tex.App.-San Antonio 2003, no pet.) (same).
cited Cited as authority (rule) Brenda Gray v. Maria Gloria Nash
Tex. App. · 2008 · confidence medium
The case does not support or even discuss that proposition. 14 App.—Dallas 2004, no pet.) (same); Grayson v. Grayson, 103 S.W.3d 559, 563 (Tex. App.—San Antonio 2003, no pet.) (same).
discussed Cited as authority (rule) Gardner v. Gardner (2×) also: Cited "see"
Tex. App. · 2007 · confidence medium
Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex.App.-San Antonio 2003, no pet.).
cited Cited as authority (rule) Miles v. Peacock
Tex. App. · 2007 · confidence medium
Niskar v. Niskar, 136 S.W.3d 749, 759 (Tex.App.Dallas 2004, no pet.); Grayson v. Grayson, 103 S.W.3d 559, 563 (Tex.App.-San Antonio 2003, no pet.).
discussed Cited as authority (rule) In Re GLS
Tex. App. · 2005 · confidence medium
Beck v. Walker, 154 S.W.3d 895, 901 (Tex.App.-Dallas 2005, no pet.); Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex.App.-San Antonio 2003, no pet.); In re M.C.R., 55 S.W.3d 104, 109 (Tex.App.-San Antonio 2001, no pet.).
discussed Cited as authority (rule) In the Interest of G.L.S. and C.M.S., Children
Tex. App. · 2005 · confidence medium
Beck v. Walker, 154 S.W.3d 895, 901 (Tex.App.-Dallas 2005, no pet.); Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex.App.-San Antonio 2003, no pet.); In re M.C.R., 55 S.W.3d 104, 109 (Tex.App.-San Antonio 2001, no pet.).
cited Cited as authority (rule) Niskar v. Niskar
Tex. App. · 2004 · confidence medium
Tex. Fam.Code Ann. § 154.013(a); Grayson v. Grayson, 103 S.W.3d 559, 563 (Tex.App.-San Antonio 2003, no pet.).
discussed Cited "see" in the Interest of M.A.G. and Z.A.G., Children
Tex. App. · 2020 · signal: see · confidence high
See Grayson v. Grayson, 103 S.W.3d 559, 563 (Tex. App.—San Antonio 2003, no pet.) (holding trial court had authority to require father to pay the cost of airline tickets and escort fees for children to visit him and did not abuse its discretion in so ordering); In re D.T.M., No. 01-01-00241-CV, 2002 WL 31521151 , at *6 (Tex. App.–Houston [1st Dist.] Nov. 14, 2002, no pet.) (mem. op.) (holding trial court did not abuse its discretion in ordering father to pay 100% of travel expenses).
cited Cited "see" Olive Tree Apartments and Edgar K. Markwardt v. Maria C. Trevino
Tex. App. · 2010 · signal: see · confidence high
See Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex. App.—San Antonio 2003, no pet.) (only restriction on scope of restricted appeal review is that error must appear on face of the record).
discussed Cited "see" Swaab v. Swaab
Tex. App. · 2008 · signal: see · confidence high
See Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex.App.-San Antonio 2003, no pet.); see also Schlueter v. Schlueter, 975 S.W.2d 584, 589 (Tex.1998) (recognizing trial court is afforded wide discretion in dividing marital estate); Worford v. Stamper, 801 S.W.2d 108, 109 (Tex.1990) (noting order regarding child support will not be disturbed on appeal absent clear abuse of discretion).
cited Cited "see" Hart v. Kozik
Tex. App. · 2007 · signal: see · confidence high
See Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex.App.-San Antonio 2003, no pet.).
cited Cited "see" In Re TWE
Tex. App. · 2006 · signal: see · confidence high
See Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex.App.-San Antonio 2003, no pet.).
cited Cited "see" In the Interest of T.W.E.
Tex. App. · 2006 · signal: see · confidence high
See Grayson v. Grayson, 103 S.W.3d 559, 561 (Tex.App.-San Antonio 2003, no pet.).
Retrieving the full opinion text from the archive…
John H. GRAYSON, Appellant,
v.
Dorothy H. GRAYSON, Appellee
04-02-00439-CV.
Court of Appeals of Texas.
Feb 5, 2003.
103 S.W.3d 559
Bernard “Ben” Buecker, Law Office of Bernard Ben Buecker, San Antonio, for Appellant., Robert L. Graul, Jr., John Michael Doyle, San Antonio, for Appellee.
Duncan, Angelini, Marion.
Cited by 25 opinions  |  Published

MEMORANDUM OPINION

Opinion by

SANDEE BRYAN MARION, Justice.

This is a restricted appeal from a divorce decree. Because all issues of law are settled, our opinion only advises the parties of the court’s decision and the basic reasons for it. See Tex.R. App. 47.4. Finding no error on the face of the record, we affirm.

STANDARD OF REVIEW

A direct attack on a judgment by restricted appeal must: (1) be brought within six months after the trial court signs the judgment; (2) by a party to the suit; (3) who did not participate in the actual trial; and (4) the error complained of must be apparent from the face of the record. Tex.R.App. P. 26.1(c); Tex.R.App. P. 30; Norman Communications v. Texas Eastman Co., 955 S.W.2d 269, 270 (Tex.1997). A restricted appeal affords an appellant a review of the entire case; the same scope of review as in an ordinary appeal. Norman Communications, 955 S.W.2d at 270. The only restriction on the scope of restricted appeal review is that the error must appear on the face of the record. Id.

There is no dispute that appellant met the first three requirements; therefore, the only issue on appeal is whether error is apparent from the face of the record. The face of the record, for purposes of restricted appeal review, consists of all the papers on file in the appeal, including the statement of facts. DSC Fin. Corp. v. Moffitt, 815 S.W.2d 551, 551 (Tex.1991). It necessarily follows that review of the entire case includes review of legal and factual insufficiency claims. See Flores v. Brimex L.P., 5 S.W.3d 816, 819 (Tex.App.-San Antonio 1999, no pet.).

Appellant asserts the evidence is insufficient to support the trial court’s division of the parties’ assets and liabilities, the amount of child support,,the requirement that he maintain a life insurance policy for the children’s benefit, and the requirement that he purchase airline tickets when the children visit him. However, in family law cases issues such as property division, conservatorship, visitation, or child support are evaluated against an abuse of discretion standard. Lindsey v. Lindsey, 965 S.W.2d 589, 592 (Tex.App.-El Paso 1998, no pet.); see also Schlueter v. Schlueter, 975 S.W.2d 584, 589 (Tex.1998) (trial court is afforded wide discretion in dividing the marital estate); Worford v. Stamper, 801 S.W.2d 108, 109 (Tex.1990) (order regarding child support will not be disturbed on appeal unless the complaining party can demonstrate a clear abuse of discretion). Therefore, although appellant challenges the sufficiency of the evidence to support the divorce decree, he must show that the evidence, or lack thereof, caused the court to act without reference to any guiding rules or principles or to act arbitrarily or unreasonably. Lindsey, 965 S.W.2d at 592-93.

[*562] DIVISION OF ASSETS AND LIABILITIES

The trial court heard the following testimony from appellee regarding the parties’ assets:

Q. Now, do you own a home?
A. Yes, sir.
Q. And you’d like to have that; is that correct?
A. Yes. I purchased this when I came back overseas, so he really had nothing to do with the purchase.
Q. Is there any other particular item of property that you’d like to have mentioned to the Judge?
A. Well, I have a van that I’m paying for. He has three cars that — or ones associated with that [sic] he needs to assume that liability for.
Q. Okay. So you want him to have the automobiles and the loans attached to those and you’ll take your car and any other obligation to that?

The trial court also heard the following testimony from appellee regarding the parties’ liabilities:

Q. Is there anything else that you might want to mention?
A. Well, I have the credit card debt and stuff like that that I feel I have built up due to lack of any support since probably January 2000, but I’ll go from May or June of 2000. So I’d like him to assume some kind of liability for that, if I could.
Q. Do you have any particular — would you like the Court to assume one-half liability for each of you on the — on the obligations?
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Q. One-half on all credit card debt from those dates that you suggested?
A. —it would be helpful.

In a divorce proceeding, the community property need not be equally apportioned between the parties. Murff v. Murff, 615 S.W.2d 696, 698-99 (Tex.1981). Instead, a trial court is required to order a division of the parties’ estate in a manner it deems just and right. See Tex. Fam. Code Ann. § 7.001 (Vernon 1998); Hill v. Hill, 971 S.W.2d 153, 155 (Tex.App.-Amarillo 1998, no pet.). The trial court had before it evidence of the parties’ assets and liabilities. Thus, the face of the record does not reveal that the trial court abused its discretion in making a just and right division of the parties’ community estate.

CHILD SUPPORT

The trial court ordered appellant to pay child support in the amount of $827.84 per month. Although the amount of appellant’s salary and benefits was not introduced into evidence, appellee testified that appellant’s rate of pay as an Army civilian was a GS-11. Appellee’s counsel asked the court, “if we get that information ... may we set the child support at the level based upon his rate of pay ... based on the guidelines?” The court agreed.

The child-support guidelines create a re-buttable presumption that an order entered pursuant to the guidelines is correct and is in the best interest of the child. Tex. Fam.Code Ann. § 154.122(a) (Vernon 2002). On appeal, appellant does not assert that his obligation to pay $827.84 per month does not conform to the guidelines set forth in the Texas Family Code. Accordingly, the face of the record does not reveal that the trial court abused its discretion in setting appellant’s child support obligation at $827.84 per month.

LIFE INSURANCE AND COST OF AIRFARE

In appellee’s petition for divorce, she asked the court to “make orders for conservatorship and support of the children.” The trial court ordered appellant[*563] to maintain a $250,000 life insurance policy, for the children’s benefit, as long as child support is payable under the decree. The court also required appellant to pay all costs for his children associated with air travel between his home and appellee’s home.

A trial court has the authority to order that child support payments continue after the obligee’s death. See Tex. Fam.Code Ann. § 154.006(a) (“Unless otherwise agreed to in writing or expressly provided in the order ... the child support order terminates on the ... death of ... a parent ordered to pay child support”); cf. De La Garza v. Salazar, 851 S.W.2d 380, 382 (Tex.App.-San Antonio 1993, no writ); Fanning v. Fanning, 828 S.W.2d 135, 151 (Tex.App.-Waco 1992), aff'd in part, rev’d in part on other grounds, 847 S.W.2d 225 (Tex.1993) Eggemeyer v. Eggemeyer, 535 S.W.2d 425, 428 (Tex.App.-Austin 1976), aff'd, 554 S.W.2d 137 (Tex.1977). Therefore, the trial court had the authority to order appellant to maintain a life insurance policy for the children’s benefit for so long as his child support obligation remained in effect. [2] Similarly, the trial court had the authority to require appellant to pay the cost of airline tickets and airline escort fees for the children. Tex. Fam.Code § 153.257 (court shall “specify the duties of the conservators to provide transportation to and from transportation facilities.”). Accordingly, the face of the record does not reveal that the trial court abused its discretion.

ATTORNEY’S FEES AND COSTS OF APPEAL

Appellee contends this appeal is frivolous and she requests sanctions against appellee in the form of attorney’s fees and costs. We do not agree that the appeal is frivolous, and accordingly, deny the request for sanctions. The appellee is entitled to the appellate costs she incurred in this appeal. Tex.R.App. P. 43.4.

CONCLUSION

Our review of the record reveals no error that is apparent from the face of the record; therefore, we affirm the trial court’s judgment.

2

. Appellee relies on Family Code section 151.013(a), which provides that a child support obligation does not end upon the obli-gor’s death. Tex. Fam.Code Ann. § 154.013(a). However, section 151.013 was added to the Family Code effective September 1, 2001, and applies only to cases commenced on or after that date. Here, the parties filed for divorce in February 2001.