McGehee v. Epley, 661 S.W.2d 924 (Tex. 1983). · Go Syfert
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McGehee v. Epley, 661 S.W.2d 924 (Tex. 1983). Cases Citing This Book View Copy Cite
97 citation events (43 in the last 25 years) across 3 distinct courts.
Strongest positive: in the Interest of R.Y.C. and K.A.C., Children (texapp, 2022-08-03)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 46 distinct citers. How cited ↗
cited Cited as authority (rule) in the Interest of R.Y.C. and K.A.C., Children
Tex. App. · 2022 · confidence medium
Epley, 661 S.W.2d 924, 925-26 (Tex. 1983) (per curiam); Ward, 137 S.W.3d at 913 ; Dickens, 957 S.W.2d at 660 .
cited Cited as authority (rule) Anthony Paul Troiani v. Christine Yvette Troiani
Tex. App. · 2016 · confidence medium
Johnson v. Ventling, 132 S.W.3d 173, 178 (Tex. App.—Corpus Christi 2004, no pet.) (citing McGehee v. Epley, 661 S.W.2d 924, 926 (Tex. 1983) (per curiam)).
cited Cited as authority (rule) James Kenneth Collins v. Stacey Leigh Collins
Tex. App. · 2009 · confidence medium
McGehee v. Epley , 661 S.W.2d 924, 926 (Tex. 1983). 8.
examined Cited as authority (rule) Labarbara Owen Bayless v. Robert Eugene Bayless (3×) also: Cited "see"
Tex. App. · 2008 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 926 (Tex. 1983).
examined Cited as authority (rule) Labarbara Owen Bayless v. Robert Eugene Bayless (3×) also: Cited "see"
Tex. App. · 2008 · confidence medium
McGehee v. Epley , 661 S.W.2d 924, 926 (Tex. 1983).
cited Cited as authority (rule) Bruce W. Lee v. Elaine Flores Lee
Tex. App. · 2007 · confidence medium
McGehee v. Epley , 661 S.W.2d 924, 925-26 (Tex. 1983).
discussed Cited as authority (rule) Avila v. Lone Star Radiology (2×)
Tex. App. · 2005 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983); In re Broussard, 112 S.W.3d 827, 833-34 (Tex.App.-Houston [14th Dist.] 2003, orig. proceeding).
cited Cited as authority (rule) In Re Garza
Tex. App. · 2005 · confidence medium
P. 329b; McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983) (per curiam).
cited Cited as authority (rule) Cox v. Carter
Tex. App. · 2004 · confidence medium
Shanks, 110 S.W.3d at 449 (citing McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983)).
cited Cited as authority (rule) Shackelford v. Barton
Tex. App. · 2004 · confidence medium
Johnson, 132 S.W.3d at 178 (citing McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983)).
cited Cited as authority (rule) In Re the Marriage of Ward
Tex. App. · 2004 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983); In re Broussard, 112 S.W.3d 827, 833-34 (Tex.App.-Houston [14th Dist.] 2003, orig. proceeding).
cited Cited as authority (rule) In the Interest of A.C.B.
Tex. App. · 2003 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983).
cited Cited as authority (rule) In Re ACB
Tex. App. · 2003 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983).
cited Cited as authority (rule) Wright, Cecelia Ann v. Eckhardt, Troy Don
Tex. App. · 2000 · confidence medium
McGehee v. Epley , 661 S.W.2d 924, 926 (Tex. 1983).
cited Cited as authority (rule) Wright v. Eckhardt
Tex. App. · 2000 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983).
discussed Cited as authority (rule) Richard P. Olivarri v. Elvia P. Olivarri
Tex. App. · 1998 · confidence medium
Code § 9.007(b); Allen v. Allen, 717 S.W.2d 311, 312 (Tex. 1986); McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex. 1983); Schwartz v. Jefferson, 520 S.W.2d 881, 888 (Tex. 1975); Hurley v. Hurley, 960 S.W.2d 287, 288 (Tex. App.--Houston [1st Dist.] 1997, no writ); Harvey v. Harvey, 905 S.W.2d 760, 763 (Tex. App.--Austin 1995, no writ).
discussed Cited as authority (rule) McLaurin v. McLaurin (2×) also: Cited "see"
Tex. App. · 1998 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983); Cf. Schwartz v. Jefferson, 520 S.W.2d 881, 888 (Tex.1975). 5 This order did not impose an obligation to pay where no such obligation previously existed.
cited Cited as authority (rule) Lundy v. Lundy
Tex. App. · 1998 · confidence medium
Pearcy v. Pearcy, 884 S.W.2d 512, 514 (Tex.App.—San Antonio 1994, no writ), citing McGehee v. Epley, 661 S.W.2d 924, 925 (Tex.1983). 6 .
cited Cited as authority (rule) Cavazos v. Cavazos
Tex. App. · 1997 · confidence medium
Allen v. Allen, 717 S.W.2d 311, 312 (Tex.1986); McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983).
cited Cited as authority (rule) Harvey v. Harvey
Tex. App. · 1995 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983); Schwartz v. Jefferson, 520 S.W.2d 881, 888 (Tex.1975).
cited Cited as authority (rule) Gary Dennis Harvey v. Patricia Felter Harvey
Tex. App. · 1995 · confidence medium
McGehee v. Epley , 661 S.W.2d 924, 926 (Tex. 1983); Schwartz v. Jefferson , 520 S.W.2d 881, 888 (Tex. 1975).
cited Cited as authority (rule) Pearcy v. Pearcy
Tex. App. · 1994 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925 (Tex.1983). 3 If Marlene felt that the trial court had abused its discretion in entering the prior order, she should have appealed at that time.
cited Cited as authority (rule) Greiner v. Jameson
Tex. App. · 1993 · confidence medium
See Tex.R.Civ.P. 329b(d), (e); McGehee v. Epley, 661 S.W.2d 924, 925 (Tex.1983).
cited Cited as authority (rule) Sharman v. Schuble
Tex. App. · 1993 · confidence medium
Schwartz v. Jefferson, 520 S.W.2d 881, 888 (Tex.1975) (orig. proceeding); McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983) (per curiam).
discussed Cited as authority (rule) Crawford v. Kelly Field National Bank
Tex. App. · 1987 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925 (Tex.1983). *901 In addition to this limited post-judgment jurisdiction, the Court Rules also give trial courts the power to supervise discovery proceedings in aid of the judgment: At any time after rendition of judgment, and so long as said judgment has not been suspended by a supersedeas bond or by order of a proper court ... the successful party may, for the purpose of obtaining information to aid in the enforcement of such judgment, initiate and maintain in the trial court in the same suit in which said judgment was rendered any discovery proceeding au…
cited Cited as authority (rule) Home Interiors & Gifts, Inc. v. Veliz
Tex. App. · 1986 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983).
cited Cited as authority (rule) Allen v. Allen
Tex. · 1986 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983); Tex.R.Civ.P. 329b (Vernon 1985).
cited Cited as authority (rule) Dunn v. Dunn
Tex. App. · 1986 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925 (Tex.1983).
cited Cited as authority (rule) Dunn v. Dunn
Tex. App. · 1985 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925 (Tex.1983).
cited Cited as authority (rule) Bjornson v. Corbitt
Tex. App. · 1985 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925 (Tex.1983).
discussed Cited as authority (rule) Matter of Marriage of Allen (2×)
Tex. App. · 1985 · confidence medium
Both parties are agreed that the decree had become final and, although the trial court still might issue orders enforcing or clarifying that decree, it had lost jurisdiction to modify or change it. * McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983); Schwartz v. Jefferson, 520 S.W.2d 881, 888 (Tex.1975); Ex Parte McKinley, 578 S.W.2d 437, 438 (Tex.Civ.App.—Houston [1st Dist.] 1979, no writ).
cited Cited as authority (rule) Smiley v. Smiley
Tex. App. · 1984 · confidence medium
McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex. 1983).
discussed Cited "see" Thelma Jean Dade v. Johnny Dade (2×)
Tex. App. · 2007 · signal: see · confidence high
See McGehee v. Epley , 661 S.W.2d 924, 925-26 (Tex. 1983).
cited Cited "see" Barton v. Gillespie
Tex. App. · 2005 · signal: see · confidence high
See McGehee, 661 S.W.2d 924, 925-26 (Tex.1983); 112 S.W.3d 827, 833-34 (TexApp.-Houston [14th Dist.] 2003, orig. proceeding).
cited Cited "see" Richard Barton, Independent of the Estate of Clyde E. Gillespie v. Lora A. Gillespie
Tex. App. · 2005 · signal: see · confidence high
See McGee , 661 S.W.2d 924 , 925–26 (Tex. 1983) 92; 112 S.W.3d 827 , 833–34 (Tex. App.—Houston [14th Dist. ] 2003, orig. proceeding) .
discussed Cited "see" Patsy Jean Johnson v. Wayne Ventling (2×)
Tex. App. · 2004 · signal: see · confidence high
See McGehee v. Epley , 661 S.W.2d 924, 926 (Tex. 1983) (per curiam).
examined Cited "see" Johnson v. Ventling (3×)
Tex. App. · 2004 · signal: see · confidence high
See McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983) (per curiam).
cited Cited "see" Hodson v. Keiser
Tex. App. · 2002 · signal: see · confidence high
See McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983); McLaurin v. McLaurin, 968 S.W.2d 947, 949-50 (Tex.App.—Texarkana 1998, no pet.).
cited Cited "see" Spradley v. Hutchison
Tex. App. · 1990 · signal: see · confidence high
See McGehee v. Epley, 661 S.W.2d 924, 926 (Tex.1983) (per curiam); TEX.R.
cited Cited "see" Tyler v. Tyler
Tex. App. · 1987 · signal: see · confidence high
See McGehee v. Epley, 661 S.W.2d 924 (Tex.1983).
discussed Cited "see, e.g." Owsley
S.D. Tex. · 2021 · signal: see also · confidence medium
CODE § 9.007(a); see also id. § 9.007(b); DeGroot, 260 S.W.3d at 663 ; see also McGehee v. Epley, 661 S.W.2d 924, 926 (Tex. 1983) (finding that a court was without jurisdiction to “modify” a final divorce decree); Troiani v. Troiani, 2016 WL 4702685 , at *4 (Tex. App.—Corpus Christi 2016, no pet.) (same).
discussed Cited "see, e.g." in the Interest of A.S.G., J.N.G., and J.D.G., Minor Children
Tex. App. · 2011 · signal: see also · confidence medium
P. 316, 329b(f); see also McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983) (per curiam) (order entered after divorce decree became final which affirmatively imposed obligation to pay where none previously existed was more than a mere clarification of prior judgment and was error); In re A.C.B., 103 S.W.3d at 578 (clarification order granting additional substantive relief that was not awarded in original order was error).
discussed Cited "see, e.g." in the Interest of A.S.G., J.N.G., and J.D.G., Minor Children
Tex. App. · 2011 · signal: see also · confidence medium
P. 316, 329b(f); see also McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex. 1983) (per curiam) (order entered after divorce decree became final which affirmatively imposed obligation to pay where none previously existed was more than a mere clarification of prior judgment and was error); In re A.C.B., 103 S.W.3d at 578 (clarification order granting additional substantive relief that was not awarded in original order was error).
discussed Cited "see, e.g." In Re Asg
Tex. App. · 2011 · signal: see also · confidence medium
P. 316, 329b(f); see also McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983) (per curiam) (order entered after divorce decree became final which affirmatively imposed obligation to pay where none previously existed was more than a mere clarification of prior judgment and was error); In re A.C.B., 103 S.W.3d at 578 (clarification order granting additional substantive relief that was not awarded in original order was error).
discussed Cited "see, e.g." Shanks v. Treadway
Tex. · 2003 · signal: see also · confidence medium
Id.; Pierce v. Pierce, 850 S.W.2d 675, 679 (Tex.App.-El Paso 1993, writ denied); see also McGehee v. Epley, 661 S.W.2d 924, 925-26 (Tex.1983) (stating that clarification orders cannot be used to effect a substantive change in a divorce decree after the trial court’s judgment becomes final).
cited Cited "see, e.g." Bowden v. Knowlton
Tex. App. · 1987 · signal: compare · confidence low
Compare McGehee v. Epley, 661 S.W.2d 924 (Tex.1983).
Retrieving the full opinion text from the archive…
Benny W. McGEHEE, Petitioner,
v.
Mary McGehee EPLEY, Respondent
C-2351.
Texas Supreme Court.
Oct 19, 1983.
661 S.W.2d 924
1983 Tex. LEXIS 349
Stewart, Hemmi & Pennypacker, Kirk Patterson, San Antonio, for petitioner., Hattie E. Briscoe, San Antonio, for respondent.
Per Curiam.
Cited by 76 opinions  |  Published
PER CURIAM.

Benny W. McGehee appeals from an order partitioning the civil service retirement benefits of his former wife, Mary McGehee Epley, and clarifying an award to her of a portion of his military retirement benefits in a prior divorce decree rendered in 1973 by the 131st District Court of Bexar County. McGehee instituted this lawsuit in the 73rd District Court of Bexar County seeking partition of Epley’s civil service benefits. These benefits were not partitioned in the 1973 divorce. Epley filed a cross-action in the 73rd District Court asking the court to render an order clarifying that portion of the 1973 divorce decree which awarded her “one-half (½) of all retirement benefits due and owing respondent, Benny McGehee, for his services in the United States Air Force.” The trial court awarded the relief sought.

The court of appeals held that the trial court had erred in its calculation of McGe-hee’s interest in Epley’s civil service benefits and reversed and rendered on this point. It affirmed the judgment of the trial court with respect to the clarification order. 655 S.W.2d 305 (Tex.App.1983).

On application for writ of error to this Court, McGehee urges that the court of appeals erred in holding that the trial court had jurisdiction to enter an order modifying a final judgment from another district court. We agree.

The divorce decree rendered by the 131st District Court became final in 1973. At that time the court lost authority to modify the judgment, except as provided for by law. TEX.R.CIV.P. 329b. The court of appeals held that the 73rd District Court was not precluded from entering the clarification order by this rule, however, reasoning that the order rendered was not one which modified the judgment but was an order which did nothing more than provide for enforcement of the decree previously entered, and was therefore permissible. This was error.

The order rendered by the 73rd District Court was, as a matter of law, more than a mere clarification consistent with the prior judgment. It affirmatively imposed an obligation to pay where no such obligation previously existed. Further, the[*926] order required McGehee to pay Epley one-half of his gross retirement check, whereas the original decree arguably required payment of only one-half of his net retirement benefits. These are clearly substantive changes in the decree and therefore could not be made after the trial court’s judgment became final. Tex.R.Civ.P. 329b(g).

The clarification order issued by the 73rd District Court attempted to modify a final judgment rendered by another district court. Since the 131st District Court had no power to modify its own judgment after it became final, it must follow that the 73rd District Court could not confer jurisdiction upon itself to do that which the 131st District Court could not do.

We therefore grant McGehee’s application and, without hearing oral argument, reverse that portion of the court of appeals’ judgment which affirms the trial court’s purported modification of the 1973 divorce decree rendered by the 131st District Court. Tex.R.Civ.P. 483. The remainder of the court of appeals’ judgment is affirmed.