Schwartz v. Schwartz, 247 S.W.3d 804 (Tex. App. 2008). · Go Syfert
Schwartz v. Schwartz, 247 S.W.3d 804 (Tex. App. 2008). Cases Citing This Book View Copy Cite
40 citation events (40 in the last 25 years) across 1 distinct court.
Strongest positive: Patricia Prentiss v. Michael Prentiss (texapp, 2024-09-30)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
cited Cited as authority (rule) Patricia Prentiss v. Michael Prentiss
Tex. App. · 2024 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.).
cited Cited as authority (rule) John Clark v. Maria Elzbieta Clark
Tex. App. · 2023 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.).
discussed Cited as authority (rule) in the Matter of the Marriage of Robert Lyall Martz and Amy Gonzalez Martz (2×) also: Cited "see"
Tex. App. · 2022 · confidence medium
App.—Amarillo 1979, writ ref’d n.r.e.) (citation omitted); see Hallsted v. McGinnis, 18 483 S.W.3d 72, 77 (Tex. App.—Houston [1st Dist.] 2015, no pet.); Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.).
discussed Cited as authority (rule) Norbert Bolda v. Clivaller Bolda
Tex. App. · 2019 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.); McCollough, 212 S.W.3d at 642 (“[I]t has long been held that such alimony agreements and other marital property agreements, even when incorporated into divorce decrees, are enforceable as contracts and governed by contract law[.]”).
cited Cited as authority (rule) in the Estate of Gary Wayne Luna
Tex. App. · 2018 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.).
discussed Cited as authority (rule) Kenneth Ray Waldrop v. Teresa Waldrop
Tex. App. · 2018 · confidence medium
We leave it to the trial court’s discretion, as did the parties in the Contractual 25 Maintenance Provision, to determine whether Kenneth’s maintenance obligation should be terminated or modified and to determine the amount, if any, of a modification.9 See, e.g., Marriage of Udis, 780 P.2d at 502 (explaining language in contractual maintenance provision authorized judicial modification on ground of unconscionability); Pohl, 15 N.E.3d 103–14 (explaining language in contractual maintenance provision authorized judicial modification on same grounds as incapacity maintenance statute); Schwar…
discussed Cited as authority (rule) Nancy C. Kendrick v. Paul Seibert (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Allen v. Allen, 717 S.W.2d 311, 313 (Tex.1986); Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex.App.-Dallas 2008); see also *411 Rich v. Rich, No. 01-03-00078-CV, 2003 WL 21027940 , at *2 (Tex.App.-Houston [1st Dist.] May 8, 2008, no pet.) (holding agreed divorce decree is enforceable as contract and as judgment); Hicks v. Hicks, 348 S.W.3d 281, 283 (Tex.App.Houston [14th Dist.] 2011, no pet.) (holding, because parties entered into agreed divorce decree, it is treated as contract between parties).
discussed Cited as authority (rule) in the Interest of L.T.H.,R.R.H., A.W.H. Children (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
“When such an agreement is executed by the parties and incorporated into the judgment of divorce, it is binding on the parties, and is interpreted under general contract law.” Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex.App.-Dallas 2008, no pet.) (citations omitted).
cited Cited as authority (rule) in the Estate of Raymond Oatman Whipple, Jr.
Tex. App. · 2013 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.).
cited Cited as authority (rule) in the Interest of M.E.M. and M.M.M.
Tex. App. · 2013 · confidence medium
Boufaissal v. Boufaissal, 251 S.W.3d 160, 161-162 (Tex. App.— Dallas 2008, no pet.); Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.— Dallas 2008, no pet.).
cited Cited as authority (rule) Jeffery B. Kaiser v. Anita K. M. Silfvast
Tex. App. · 2010 · confidence medium
Schwartz v. Schwartz , 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.).
discussed Cited as authority (rule) John Carlton Amman v. Diane G. Amman
Tex. App. · 2010 · confidence medium
Schwartz v. Schwartz , 247 S.W.3d 804, 806 (Tex. App.--Dallas 2008, no pet.). (3) As with any other contract, absent consent of the parties, the provisions of such an agreement will not be modified or set aside except for fraud, accident or mutual mistake of fact.
discussed Cited as authority (rule) Myrna K. Sparkman v. Roy E. Murray
Tex. App. · 2010 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.).3 As with any other contract, absent consent of the parties, the provisions of such an agreement will not be modified or set aside except for fraud, accident or mutual mistake of fact.
cited Cited as authority (rule) Patricia M. Johnson v. Wayne Ventling
Tex. App. · 2010 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.–Dallas 2008, no pet.) (citing O’Benar v. O’Benar, 410 S.W.2d 214, 217 (Tex. Civ.
cited Cited as authority (rule) Patricia M. Johnson v. Wayne Ventling
Tex. App. · 2010 · confidence medium
Schwartz v. Schwartz , 247 S.W.3d 804, 806 (Tex. App.-Dallas 2008, no pet.) (citing O'Benar v. O'Benar , 410 S.W.2d 214, 217 (Tex. Civ.
discussed Cited as authority (rule) Patricia M. Johnson v. Wayne Ventling (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
Schwartz v. Schwartz , 247 S.W.3d 804, 806 (Tex. App.-Dallas 2008, no pet.) (citing O'Benar v. O'Benar , 410 S.W.2d 214, 217 (Tex. Civ.
discussed Cited as authority (rule) Patricia M. Johnson v. Wayne Ventling (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.–Dallas 2008, no pet.) (citing O’Benar v. O’Benar, 410 S.W.2d 214, 217 (Tex. Civ.
cited Cited as authority (rule) Pablo Torres v. Adriana Sierra
Tex. App. · 2009 · confidence medium
Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex. App.—Dallas 2008, no pet.); Bishop v. Bishop, 74 S.W.3d 877, 879 (Tex. App.—San Antonio 2002, no pet.).
cited Cited as authority (rule) Pablo Torres v. Adriana Sierra
Tex. App. · 2009 · confidence medium
Schwartz v. Schwartz , 247 S.W.3d 804, 806 (Tex. App.--Dallas 2008, no pet.); Bishop v. Bishop , 74 S.W.3d 877, 879 (Tex. App.--San Antonio 2002, no pet.).
cited Cited as authority (rule) Denson v. Dallas County Credit Union
Tex. App. · 2008 · confidence medium
P. 166a(c); Little v. Tex. Dep’t of Criminal Justice, 148 S.W.3d 374, 381 (Tex.2004); Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex.App.-Dallas 2008, no pet.).
discussed Cited "see" Richard Abrams v. Marguerite Salinas A/K/A Marguerit Y. Salinas F/K/A Marguerite Abrams and Ashely Abrams A/K/A Ashley N. Abrams
Tex. App. · 2015 · signal: accord · confidence high
“Once the agreement of the parties has been approved by the court and made a part of its judgment, the agreement is no longer merely a contract between private individuals but is the judgment of the court.” Ex parte Gorena, 595 S.W.2d 841, 844 (Tex.1979) (orig. proceeding) (emphasis added); accord Schwartz v. Schwartz, 247 S.W.3d 804, 806 (Tex.App.—Dallas 2008, no pet.); Pettitt v. Pettitt, 704 S.W.2d 921, 923 (Tex.App.—Houston [14th Dist.] 1986, writ ref'd n.r.e.).
discussed Cited "see" Nate D. Sanders, Inc. AND Baumgardner Funeral Home, Inc., and Allen S. Baumgardner, Sr. v. Robert Edward Lee Oswald
Tex. App. · 2015 · signal: see · confidence high
See W hen there is no evidence to rebut the presumption in Schwartz, 247 S.W.3d at 806 ; Rich, 2003 Tex. App. section 38.003, "no further evidence [is] required to LEXIS 4027, 2003 WL 21027940 , at *2.
Retrieving the full opinion text from the archive…
Terry Allen SCHWARTZ, Appellant
v.
Kimberli SCHWARTZ, Appellee
05-07-00202-CV.
Court of Appeals of Texas.
Mar 19, 2008.
247 S.W.3d 804
Charles F. Holmans, III, Law Offices of Charles F. Holmans, Dallas, for Appellant., Thomas P. Jackson, Thomas P. Jackson & Associates, Dallas, for Appellee.
Chief Justice Thomas and Justices Bridges and Fitzgerald.
Cited by 22 opinions  |  Published

OPINION

Opinion by

Chief Justice THOMAS.

In a single issue, appellant asserts the trial court erred in granting appellee’s motion for summary judgment. We affirm the judgment of the trial court.

Background

Appellant and appellee were divorced in 2003. They executed an agreement incident to divorce that the trial judge approved and incorporated into the divorce decree. The “Final Decree of Divorce,” signed and approved as to form and substance by Terry and Kimberli, provides:

Agreement of Parties. The Court finds that the parties have entered into a written agreement as contained in this decree by virtue of having approved this decree as to both form and substance. To the extent permitted by law, the parties stipulate the agreement is enforceable as a contract. The Court approves the agreement of the parties as contained in this Final Decree of Divorce.
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Merger of Divorce Settlement Agreement. This Final Decree is stipulated to represent a merger of the Divorce Settlement Agreement between the parties that has been filed with the Court. [1]

Pursuant to the agreement, appellant is to make monthly maintenance payments to appellee, make monthly payments for medications required by appellee, and pay for health insurance premiums for appellee.

In 2006, appellant filed a motion to modify the final decree of divorce. Asserting change in his financial position, appellant requested termination of monthly payments for spousal support and for appel-lee’s medicines and payment of health insurance premiums. Appellee moved for summary judgment, asserting the Final Divorce Decree had become a final judgment, the divorce settlement agreement was final and not subject to rewriting by the trial court, and no provisions of the agreement had occurred entitling appellant to termination of the agreed spousal support. Without stating the grounds, the trial judge granted the summary judgment and denied all claims and causes of action asserted by appellant in his motion to modify the final decree of divorce.

Standard of Review

The standard for reviewing a summary judgment is well established. See Nixon v. Mr. Prop. Mgmt. Co., 690 S.W.2d 546, 548-49 (Tex.1985). A defendant who[*806] moves for summary judgment must show the plaintiff has no cause of action. A defendant may meet this burden by either: (1) disproving at least one essential element of each theory of recovery; or (2) conclusively proving all elements of an affirmative defense. See Wornick Co. v. Casas, 856 S.W.2d 732, 733 (Tex.1993). A matter is conclusively established if ordinary minds cannot differ as to the conclusion to be drawn from the evidence. See Triton Oil & Gas Corp. v. Marine Contractors & Supply, Inc., 644 S.W.2d 443, 446 (Tex.1982). After the movant has established a right to summary judgment, the burden shifts to the nonmovant to present evidence creating a fact issue. See Kang v. Hyundai Corp., 992 S.W.2d 499, 501 (Tex.App.-Dallas 1999, no pet.).

Discussion

The family code allows the parties to a divorce to enter into a written divorce agreement concerning the division of the spouses’ property and liabilities and the maintenance of either spouse. See Tex. FaM.Code Ann. § 7.006(a) (Vernon 2006). If the trial court finds the terms of the agreement “just and right,” the terms are binding on the court. See Tex. Fam.Code Ann. § 7.006(b).

The agreement between appellant and appellee incorporated in the final decree of the court became a part of the final judgment of the court. See Pettitt v. Pettitt, 704 S.W.2d 921, 924 (Tex.App.-Houston [14th Dist.] 1986, writ ref'd n.r.e.). When such an agreement is executed by the parties and incorporated into the judgment of divorce, it is binding on the parties, O’Benar v. O’Benar, 410 S.W.2d 214, 217 (Tex.Civ.App.-Dallas 1966, writ dism’d), and is interpreted under general contract law. Vickers v. Vickers, 553 S.W.2d 768, 769-70 (Tex.Civ.App.-Beaumont 1977, no writ). See Pollard v. Steffens, 161 Tex. 594, 602, 343 S.W.2d 234, 239 (1961) (although rules relating to contract interpretation apply, agreed judgment accorded same degree of finality and binding force as final judgment rendered at conclusion of adversary proceeding).

“Under established principles, a contractual obligation cannot be avoided on the ground that it has become more burdensome than anticipated.” Mahrer v. Mahrer, 510 S.W.2d 402, 405 (Tex.Civ.App.-Dallas 1974, no writ). As with any other contract, absent consent of the parties, the provisions of the agreement will not be modified or set aside except for fraud, accident or mutual mistake of fact. Boyd v. Boyd, 545 S.W.2d 520, 523 (Tex.Civ.App.-Houston [1st Dist.] 1976, no writ). Appellant made no allegation of fraud, accident, or mistake. Accordingly, the district court had no power to set aside the agreed divorce final judgment. Cocke v. Cocke, 382 S.W.2d 789, 790 (Tex.Civ.App.-Waco 1964, no writ). See Martinez v. Guajardo, 464 S.W.2d 944 (Tex.Civ.App.-San Antonio 1971, no writ) (court had no authority to modify property settlement agreement in divorce decree that was expressly approved and incorporated in divorce decree).

Therefore, we overrule appellant’s single issue and affirm the trial court’s judgment.

1

. If the court approves the agreement, the court may set forth the agreement in full or incorporate the agreement by reference in the final decree. Tex. Fam.Code Ann. § 7.006(b) (Vernon 2006).