Tenery v. Tenery, 932 S.W.2d 29 (Tex. 1996). · Go Syfert
Tenery v. Tenery, 932 S.W.2d 29 (Tex. 1996). Cases Citing This Book View Copy Cite
“a trial court's failure to make findings is not harmful error if 'the record before the appellate court affirmatively shows that the complaining party suffered no injury.”
407 citation events (391 in the last 25 years) across 2 distinct courts.
Strongest positive: Dov Avni Kaminetzky v. Harris County Appraisal District (texapp, 2015-05-04)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Dov Avni Kaminetzky v. Harris County Appraisal District
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
a trial court's failure to make findings is not harmful error if 'the record before the appellate court affirmatively shows that the complaining party suffered no injury.
discussed Cited as authority (quoted) Hernandez v. Moss
Tex. App. · 2017 · quote attribution · 1 verbatim quote · confidence low
error is harmful if it prevents an appellant from properly presenting a case to the appellate court
discussed Cited as authority (rule) Maribel Hill v. Dwight L. Hill
Tex. App. · 2025 · confidence medium
In Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996), the Court said: “The court of appeals correctly held that Wilbur was not harmed by the trial court’s failure to make findings of fact and conclusions of law about the division of the marital estate because there was ample evidence in the record to support the judgment.” In the recent case of Mehta v. Mehta, supra, the trial court awarded post-divorce support but did not indicate which of the three grounds specified in Family Code Section 8.052 it found to be the basis for maintenance.
cited Cited as authority (rule) Maribel Hill v. Dwight L. Hill
Tex. App. · 2025 · confidence medium
Tenery v. Tenery, 932 S.W. 2d 29, 30 (Tex. 1996); Cherne Indus., Inc. v. Magallanes, 163 S.W.2d 768 , 772 (Tex. 1989).
cited Cited as authority (rule) Bekins Van Lines, Inc. and Willis Permian Movers, Inc. v. Sherwin Kahn
Tex. App. · 2025 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) In the Interest of S.D.S., a Child v. the State of Texas
Tex. App. · 2025 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) In the Matter of the Marriage of Maria E. Renteria and Rodrigo L. Renteria and in the Interest of N. M. R. & P. S. R., Children v. the State of Texas
Tex. App. · 2024 · confidence medium
Markey v. Markey, 634 S.W.3d 293 , 295 (Tex. App.—Amarillo 2021, no pet.) (citing Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996)).
cited Cited as authority (rule) Adrienne Marco v. Kurt Kirkman
Tex. App. · 2024 · confidence medium
Station, Inc. v. Peña, 442 S.W.3d 261, 263 (Tex. 2014) (citing Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam))).
examined Cited as authority (rule) William Lavan Graves, III v. Amy Katherine Graves (3×) also: Cited "see"
Tex. App. · 2024 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996); Cherne Indus., Inc. v. Magallanes, 763 S.W.2d 768, 772 (Tex. 1989); Filla, 2016 WL 4177236 , at *3.
discussed Cited as authority (rule) Bryan Miller// Claudia Miller v. Claudia Miller// Cross-Appellee, Bryan Miller
Tex. App. · 2023 · confidence medium
Martinez v. Martinez, No. 03-16-00818-CV, 2017 WL 3897309 , at *1 (Tex. App.—Austin Aug. 25, 2017, no pet.) (mem. op.) (per curiam) (abatement) (citing, in part, Tenery v. Tenery, 932 S.W.2d 29, 29 (Tex. 1996)).
cited Cited as authority (rule) Kelly M. Teneyck v. Ronald W. Teneyck
Tex. App. · 2023 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
discussed Cited as authority (rule) in the Matter of the Marriage of Robert Moore and Zulema Juana Maria Rodriguez Calderon Moore
Tex. App. · 2022 · confidence medium
Generally, “harm to the complaining party is presumed unless the contrary appears on the face of the record when the party makes a proper and timely request for findings and the trial court fails to comply.” Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam) (citing Cherne Indus. v. Magallanes, 763 S.W.2d 768, 772 (Tex. 1989)).
cited Cited as authority (rule) in the Interest of V.K.H.H., a Child
Tex. App. · 2022 · confidence medium
Station, Inc. v. Peña, 442 S.W.3d 261, 263 (Tex. 2014) (per curiam) (citing Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam))).
cited Cited as authority (rule) West Texas Landscape, Inc. D/B/A Taylor Landscape Co. v. Mark Meneses
Tex. App. · 2021 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) Jeffrey J. Markey v. Kathryn L. Markey
Tex. App. · 2021 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996); Supakorndej v. Xu, No. 03-20-00177-CV, 2021 Tex. App. LEXIS 79 , at *10–11 (Tex. App.—Austin Jan. 7, 2021, pet. filed) (mem. op.).
examined Cited as authority (rule) in the Interest of A.W.M. and M.L.M. v. . (3×) also: Cited "see"
Tex. App. · 2021 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam); see also In re N.I.V.S., No. 04-14-00108-CV, 2015 WL 1120913 , at *6 (Tex. App.—San Antonio Mar. 11, 2015, no pet.) (mem. op.).
cited Cited as authority (rule) Andrew C. Pore v. Cheyenne Ellis
Tex. App. · 2021 · confidence medium
Id. at 135-36 ; Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) Mallory York, Jr. v. Makeatha Cooper-York
Tex. App. · 2021 · confidence medium
Station, Inc. v. Peña, 442 S.W.3d 261, 263 (Tex. 2014) (citing Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam)); see also Fraser v. Goldberg, 552 S.W.2d 592, 594 (Tex. Civ.
discussed Cited as authority (rule) Jonathan Eliazar Merlo v. Victor Manuel Lopez (2×) also: Cited "see, e.g."
Tex. App. · 2021 · confidence medium
The Court concluded that “a trial court may file additional findings even after it loses plenary power to affect the judgment” and that “the failure to request additional findings of fact and conclusions of law constitutes a waiver on appeal of the trial court’s lack of such findings and conclusions.” Id.; see Cherne, 763 S.W.2d at 773 (instructing court of appeals to direct trial court to file findings long after plenary power had expired); Tenery, 932 S.W.2d at 30 (same); see also Jefferson Cty.
cited Cited as authority (rule) Joe Alfred Izen, Jr. v. Brian Laine and Kimberly Laine
Tex. App. · 2020 · confidence medium
App. P. 44.1(a)(2) and Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam)).
discussed Cited as authority (rule) in the Interest of A.E.J., L.S.J., and D.M.J., Children
Tex. App. · 2020 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam) (citing Cherne Indus. v. Magallanes, 763 S.W.2d 768, 722 (Tex. 1988); see also Ad Villarai, LLC v. Pak, 519 S.W.3d 132 , –14– 135 (Tex. 2017); Ramer Concrete, Inc. v. Cardona, No. 05-17-01435-CV, 2018 WL 5724617 , at *1 (Tex. App.—Dallas Nov. 1, 2018, pet. denied) (mem. op.).
cited Cited as authority (rule) S.L. v. S.L.
Tex. App. · 2020 · confidence medium
Mother contends that harm is presumed, relying on Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
discussed Cited as authority (rule) in the Guardianship of Edwin J. Alford, an Incapacitated Person
Tex. App. · 2020 · confidence medium
“Although ‘harm to the complaining party is presumed unless the contrary appears on the face of the record,’ a trial court’s ‘failure to make findings is not harmful error if “the record before the appellate court affirmatively shows that the complaining party suffered no injury.”’” Id. (quoting Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam) (quoting Cherne Indus. v. Magallanes, 763 S.W.2d 768, 772 (Tex. 1989)); Las Vegas Pecan & Cattle Co. v. Zavala Cty., 682 S.W.2d 254, 256 (Tex. 1984)).
discussed Cited as authority (rule) in the Matter of the Marriage of Angela Lynn Lewis and Martin Paul Lewis
Tex. App. · 2020 · confidence medium
“Although ‘harm to the complaining party is presumed unless the contrary appears on the face of the record,’ a trial court’s ‘failure to make findings is not harmful error if “the record before the appellate court affirmatively shows that the complaining party suffered no injury.”’” Id. (quoting Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam) (quoting Cherne Indus. v. Magallanes, 763 S.W.2d 768, 772 (Tex. 1989); Las Vegas Pecan & Cattle Co. v. Zavala Cty., 682 S.W.2d 254, 256 (Tex. 1984)).
cited Cited as authority (rule) in the Estate of Brian Matsuo Sakima
Tex. App. · 2019 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
discussed Cited as authority (rule) Estate of Bradley Keith Johnson
Tex. App. · 2019 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996); McLaughlin, Inc. v. Northstar Drilling Techs., Inc., No. 04-02- 00511-CV, 2003 WL 21696635 , at *1 (Tex. App.—San Antonio July 23, 2003, no pet.) (mem. op.).
discussed Cited as authority (rule) Estate of Bradley Keith Johnson
Tex. App. · 2019 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996); McLaughlin, Inc. v. Northstar Drilling Techs., Inc., No. 04-02- 00511-CV, 2003 WL 21696635 , at *1 (Tex. App.—San Antonio July 23, 2003, no pet.) (mem. op.).
discussed Cited as authority (rule) Johnathan David Rice and Diana Rice v. Lewis Energy Group, L.P. Lewis Petro Properties, Inc. Lewis Resource Management, LLC Segundo Navarro Drilling, Ltd. And Tercero Navarro, Inc.
Tex. App. · 2019 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996); McLaughlin, Inc. v. Northstar Drilling Techs., Inc., No. 04-02-00511-CV, 2003 WL 21696635 , at *1 (Tex. App.—San Antonio July 23, 2003, no pet.) (mem. op.).
discussed Cited as authority (rule) in the Interest of S v. and S v. Children
Tex. App. · 2019 · confidence medium
Thus, Mother concedes the trial court cannot now enter findings of fact and conclusions of law should we conclude findings and conclusions are necessary. –3– Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam).
cited Cited as authority (rule) in the Interest of E.M., Minor Child
Tex. App. · 2019 · confidence medium
P. 296–297; Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) in the Interest of H.E.W.M. , a Child
Tex. App. · 2019 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996); Brown, 940 S.W.2d at 178-80 .
cited Cited as authority (rule) Ramer Concrete, Inc. v. Juan Cardona
Tex. App. · 2018 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
discussed Cited as authority (rule) in the Matter of the Marriage of Thomas Shep Hall and Jennifer Theresa Oller and in the Interest of K. N. H., a Child (2×) also: Cited "see, e.g."
Tex. App. · 2018 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) in the Interest of A.G.IV and C.B.G., Children
Tex. App. · 2018 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) Anthony Amodu v. Christiana Amodu
Tex. App. · 2018 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
discussed Cited as authority (rule) Michael Quinn Sullivan v. Salem Abraham
Tex. · 2017 · confidence medium
P. 44.1(a)(2); Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996). 4 In this case, the trial court’s findings of fact and conclusions of law force Sullivan to guess at the reasons the district court reached its decision.
examined Cited as authority (rule) Ad Villarai, LLC v. Chan Il Pak (3×) also: Cited "see, e.g."
Tex. · 2017 · confidence medium
Station, Inc. v. Peña, 442 S.W.3d 261, 263 (Tex. 2014) (citing Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam)); see also Fraser v. Goldberg, 552 S.W.2d 592, 594 (Tex. Civ.
cited Cited as authority (rule) David N. Bridwell v. Michelle Grilletta
Tex. App. · 2017 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
examined Cited as authority (rule) Charles N. Draper v. Greg Guernsey, in His Official Capacity as Director of Planning and Development Watershed Protection Review Department And City of Austin (3×)
Tex. App. · 2017 · confidence medium
Error is harmful if it prevents an appellant from properly presenting a case to the appellant court." Tenery v. Tenery, 932 S.W. 2d 29, 30 (Tex. 1996) Justice Crurnp's Order is not supported by case law, and leaves an unresolved controlling questions oflaw.
discussed Cited as authority (rule) in the Interest of L.L.O., a Child (2×) also: Cited "see"
Tex. App. · 2017 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam).
cited Cited as authority (rule) David N. Bridwell v. Michelle Grilletta
Tex. App. · 2016 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
examined Cited as authority (rule) in the Interest of B.W.S., a Child (3×) also: Cited "see"
Tex. App. · 2016 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam).
discussed Cited as authority (rule) Charles N. Draper v. Greg Guernsey, in His Official Capacity as Director of Planning and Development Watershed Protection Review Department And City of Austin (2×)
Tex. App. · 2016 · confidence medium
Error is harmful if it prevents an appellant from properly presenting a case to the appellant court." Tenery v. Tenery, 932 S.W. 2d 29, 30 (Tex. 1996) Past-Due Notice ofFindings ofFacts and Conclusions ofLaw were filed November 15th, 2016 and recorded with Travis County District Court.
discussed Cited as authority (rule) Margaret Reid v. Seton Hospital, Dr. Michael Breen and Dr. Ann Czarnik
Tex. App. · 2016 · confidence medium
Although Ms. Reid cites no other authority for the proposition that a trial court errs by declining to file findings of fact and conclusions of law after ruling on a motion to dismiss under Chapter 74, she cites Tenery v. Tenery for the proposition that when a court declines to file findings of fact and conclusions of law in response to a party’s request, “the failure is presumed harmful on appeal unless the record affirmatively shows that the party suffered no injury.” 932 S.W.2d 29, 30 (Tex. 1996).
discussed Cited as authority (rule) Jeff P. Jorgenson v. Joe v. Evans (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) in the Interest of A.M.
Tex. App. · 2016 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996) (per curiam); Brown, 940 S.W.2d at 179-80 .
discussed Cited as authority (rule) Luther W. Cobb, Sr. v. Marilene F. Cobb (2×) also: Cited "see"
Tex. App. · 2016 · confidence medium
Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996).
cited Cited as authority (rule) in the Interest of C.C.G., Child
Tex. App. · 2016 · confidence medium
Id. (citing Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex.1996)).
cited Cited as authority (rule) in the Interest of K.I.B.C., a Child
Tex. App. · 2015 · confidence medium
P. 296; Tenery v. Tenery, 932 S.W.2d 29, 30 (Tex. 1996); Cherne Indus., Inc. v. Magallanes, 763 S.W.2d 768, 772 (Tex. 1989).
cited Cited as authority (rule) Lucidalia Chavez v. Walter Chavez
Tex. App. · 2015 · confidence medium
Tenery v. Tenery , 932 S.W.2d 29, 30 (Tex. 1996.) In a complicated case with disputes facts, the inference or harm cannot be overcome.
Wilbur Lane TENERY, Petitioner,
v.
Gloria TENERY, Respondent
96-0216.
Texas Supreme Court.
Nov 15, 1996.
932 S.W.2d 29
Roger D. Bellows, Three Rivers, for Petitioner., Sharon Trigo, Laredo, for Respondent.
Per Curiam.
Cited by 289 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 81%
Citer courts: Court of Appeals of Texas (1)

OPINION

PER CURIAM.

In this divorce case, the trial court refused three requests to make findings of fact and conclusions of law about the division of a marital estate and the amount of child support. The court of appeals held that the trial court’s refusal was not harmful error. - S.W.2d -, -, 1995 WL 714203. We affirm in part and reverse in part.

The trial court awarded Gloria Tenery a disproportionate amount of the marital estate. It also ordered her husband, Wilbur, to pay $550 per month in child support for the care of one minor child. At the time of trial, Wilbur was collecting $980 per month in unemployment benefits. After the trial, Wilbur filed a timely request for findings of fact and conclusions of law under Texas Rule of Civil Procedure 296. [1] Wilbur later submitted a notice of past due findings and conclusions and requested additional or amended[*30] findings and conclusions. See Tex.R.Civ.P. 297-98.

The court of appeals correctly held that Wilbur was not harmed by the trial court’s failure to make findings of fact and conclusions of law about the division of the marital estate because there was ample evidence in the record to support the judgment. — S.W.2d at-. The trial court has wide latitude to divide the marital estate “in a manner that the court deems just and right.” Tex.Fam.Code § 3.63; see also Murff v. Murff, 615 S.W.2d 696, 699 (Tex.1981). Here, the record contains evidence that Wilbur had more earning capacity than Gloria, that he was at fault for the breakup of the marriage, and that Gloria would have been the one to benefit financially if the marriage continued. This evidence supports the trial court’s decision to award Gloria a disproportionate amount of the marital estate. A trial court’s failure to make findings is not harmful error if “the record before the appellate court affirmatively shows that the complaining party suffered no injury.” Cherne Indus. v. Magallanes, 763 S.W.2d 768, 772 (Tex.1989).

The court of appeals erred, however, when it held that Wilbur was not harmed by the trial court’s failure to make findings of fact and conclusions of law about the amount of child support payments. — S.W.2d at -. The Family Code guides the calculation of child support and bases that calculation on a percentage of monthly resources. See Tex.Fam.Code § 154.125. Under the Family Code, resources include wage and salary income, interest income, self-employment income, net rental income, and all other income actually being received. Id. § 154.062(b). If the trial court uses factors other than net resources in determining the amount of child support, the Family Code specifies the findings the trial court must make. Id. § 154.130.

The record reveals that at the time of trial Wilbur’s net resources were limited to $980 per month. Section 154.125 would require Wilbur, who was supporting one minor child, to pay $196 per month. The trial court ordered Wilbur to pay Gloria $550 per month. In his request for additional or amended findings, Wilbur asked for findings explaining why the amount of child support per month ordered by the court varied from the amount computed under section 154.125 guidelines. The trial court has the discretion to deviate from the guidelines and consider other factors. Id. § 154.123. But if a trial court deviates, as it did here, it must, upon request, make written findings of fact and conclusions of law. Id. § 154.130(a)(3); see also Chamberlain v. Chamberlain, 788 S.W.2d 455, 455 (Tex.App.—Houston 1990, writ denied) (holding that the language in the Family Code is mandatory and that the trial court’s failure to make written findings upon request was reversible error).

Under Texas Rule of Civil Procedure 296, harm to the complaining party is presumed unless the contrary appears on the face of the record when the party makes a proper and timely request for findings and the trial court fails to comply. Cherne, 763 S.W.2d at 772 (citing Warner v. Riske, 142 Tex. 337, 178 S.W.2d 117, 120 (1944)). Error is harmful if it prevents an appellant from properly presenting a case to the appellate court. Tex.R.App.P. 81(b). In this case, the trial court’s refusal to abide by the Family Code’s child support provisions prevented Wilbur from effectively contesting the trial court’s deviation from the guidelines in section 154.125.

Accordingly, under Texas Rule of Appellate Procedure 170 and without hearing oral argument, the Court grants the application for writ of error, reverses the portion of the judgment of the court of appeals that concerns child support, and remands this cause to the court of appeals with instructions for it to direct the trial court to correct its error under Texas Rule of Appellate Procedure 81(a).

1

. “In any case tried in the district or county court without a jury, any party may request the court to state in writing its findings of fact and conclusions of law.” Tex.R.Civ.P. 296.