Click here to download this article in PDF format: Injury Settlements Are Usually Community Property INJURY SETTLEMENTS ARE USUALLY COMMUNITY PROPERTY IN A TEXAS DIVORCE by Greg Enos February 2014 A spouse’s recovery for an injury claim is usually community property because most settlements mix all of the damage elements together in a single payment. General Principles Recoveries in injury claims are treated like other property in a divorce and the usual presumptions and burdens of proof apply. When a spouse receives a settlement from a lawsuit during the marriage, some of which could be separate property and some of which could be community property the burden of proof is on the spouse claiming the funds as separate property. Kyles v. Kyles, 832 S.W.2d 194,198 (Tex. App. - Beaumont 1992, no pet). All property is presumed to be community property and “clear and convincing evidence” must be presented to establish that property is separate property. Tex ... Read More >
Proof That Judge Denise Pratt Backdated A Court Order and Committed the Crime of Tampering With a Public Record
I have filed another,third criminal complaint against Denise Pratt and this is surely the one to get her indicted. This time there are two eye witnesses to Pratt backdating a court order and the District Clerk's records back up their stories. I have two sworn affidavits from the eye witnesses. Click this link to download my criminal complaint and see Exhibits 1 - 6, including the sworn affidavits of the witnesses, the order Pratt backdated and proof from the District Clerk website that Pratt backdated the order: Feb 2014 Criminal Complaint re Karen Hyde - part 1 Click this link to see Exhibits 6 - 12 of my criminal complaint: Feb 2014 Criminal Complaint re Karen Hyde - part 2 Here is proof Judge Pratt Intentionally Backdated a Court Order: The Osborn - Hyde child custody modification case (2008-40895) has been pending in the 311th Family District Court of Harris County since July 2012. The mother in this case, Karen Hyde, is representing herself and is pro se. On February ... Read More >
The Worst Thing Judge Denise Pratt Has Ever Done
Click this link to read the craziest order Judge Denise Pratt has done in her three years of judicial madness: Crazy Pratt order The District Attorney's Public Integrity Unit is investigating another instance of Pratt tampering with a government record. In this case, the D.A. reached out and called the lawyers in to discuss the case without me even being involved. Pratt's behavior in this case will seem bad to the general public but to family law attorneys, what Pratt did in this case is sure proof she is crazy and you will hardly be able to believe it. The parents and attorneys in this child custody modification case (no. 2007-28477) agreed to temporary orders which Pratt approved on a handwritten order on August 29, 2013. The typed temporary orders were submitted in September 2013 and months went by without Pratt signing them. Last month, after reading about Pratt's "New Year's Eve Massacre," one attorney checked and to her horror discovered that Pratt had taken the ... Read More >
New Rules Will Change How We File and Serve Documents and Calculate Deadlines
The Texas Supreme Court enacted amendments to the Texas Rules of Civil Procedure effective January 1 that will have a big impact on family law attorneys. We all will need to calendar deadlines differently and our pleadings and orders are going to look different. Service by e-mail is now allowed and service by delivery services is now recognized. These big changes in rules include: 1. Mandatory Electronic Filing. New Rule 21(f) requires attorneys in civil cases to electronically file court documents "in courts where electronic filing has been mandated." E-filing is mandatory in Harris and Fort Bend Counties and permissive in Galveston, Brazoria, Montgomery and Chambers Counties. Electronic filing will be mandatory in all Texas counties by 2016. 2. E-filed documents must be in searchable PDF format. Electronically filed documents are required to be in text-searchable PDF format (most documents scanned at the copier are not in this format) per Rule ... Read More >
New “Mongoose” Newsletter Exposes Judge Pratt’s “New Year’s Eve Massacre”
The January 12, 2014 edition of the "Mongoose" newsletter discussed the illegal and horribly unwise dismissal of 661 cases by Judge Denise Pratt on December 30 just to make her court's statistics look better. Click here to read the newsletter. Here is one story from this newsletter: Pratt's "New Year's Eve Massacre" Dismisses Hundreds of Cases Here is one example of what Judge Pratt did to hundreds of cases on December 30. Cause number 2012-06882 is a post-divorce suit to address undivided property pending in the 311th since February 2, 2012. The case has been set for trial seven times and six times it was continued by Judge Pratt. On December 2, 2013, Judge Pratt continued the trial until January 27, 2014 and told the attorneys that the case had to go to trial in January or she would dismiss it. On December 30, 2013, along with hundreds of other cases, this lawsuit was dismissed by Judge Pratt without notice or hearing. The attorneys received notification that the case ... Read More >
Houston Press writes about Judge Pratt and The Mongoose
Click here to read the article in The Houston Press about Judge Denise Pratt and her many problems as exposed by my newsletter, The Mongoose. ... Read More >
Houston Chronicle: Letter a rallying cry to oust embattled district judge
Click here to read the November 4, 2013 Houston Chronicle story about the letter from Houston attorneys calling on District Judge Denise Pratt to resign. Letter a rallying cry to oust embattled district judge Posted on November 4, 2013 | By Kiah Collier A letter sent to hundreds of Houston-area lawyers on Monday asks them to support a call to oust an embattled state district court judge by signing a petition, withholding election endorsements and contributions and reporting any criminal wrongdoing to the Harris County District Attorney’s office. Family Court Judge Denise Pratt of the 311th District has come under fire for altering court records to mask tardy rulings, as well as a host of other doings that many lawyers have described in interviews as not criminal but highly unusual, unprofessional or unethical, including rampant absenteeism and communicating with lawyers on one side of a case without the other side knowing. Pratt, a Republican judge first elected in 2010, did ... Read More >
Revised, updated criminal complaint against Judge Denise Pratt
I have received additional information since I filed my original criminal complaint against Judge Denise Pratt of the 311th Family District Court of Harris County. Here is the link to download the most recent version of my complaint, which includes a 7th apparent example of an order signed by Judge Pratt that is backdated: Criminal Complaint - ver 3 - Nov 3 ... Read More >
Houston Chronicle story on Denise Pratt and illegal backdating of court orders
Click here to read the October 25, 2013 front page story in the Houston Chronicle on 311th Family District Judge Denise Pratt and the allegations that she has illegally backdated court orders. ... Read More >
Houston Chronicle profiles Greg Enos
Click here to read the October 26, 2013 story in the Houston Chronicle which profiles attorney Greg Enos and his efforts to reform the family courts in Harris County. ... Read More >
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