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Search Results for: galveston
Intro to the Alicia Franklin Scandal
This sad, heartfelt introduction to the Judge Alicia Franklin scandal is reprinted from the September 3, 2014 Mongoose newsletter. We understand our parents more and more as we age ourselves. "Enthusiasm" was something my father had for everything in his life: his work as a school principal, organizing his garage, caring for the yard, serving his church, taking apart and reassembling a washing machine just for the challenge, and raising four boys. My Dad loved his work, and for good reason was one year named "National Principal of the Year." When the school district would move him to yet another troubled school that needed help, the parents and teachers at his old school would protest and demand that he stay. The only time I can recall my father ever being really upset about his work that he ... Read More >
Thank you Judge Janis Yarbrough
We say "good bye" to many fine judges who are retiring and leaving the bench on December 31. We will all miss the friendly and hard working Judge Jim York, even as he passes his mantle of the most pro-mother judge in custody cases on the planet to Galveston County Associate Judge Steve Baker. Bonnie Hellums was an amazing breath of fresh air and reform when she was first elected in the 1994 Republican sweep that knocked off all of the Democratic incumbent judges. It was revolutionary then to think that a family court judge would rule based on the law and the facts and what was best for children instead of who the lawyers were. Now, thanks to judges like Bonnie Hellums, that is the least we expect in our family courts. Harris County is also losing some amazing associate judges: Robert Newey and Michael Hay. The family judge that has meant the most to my life and professional career has been Galveston County Family District Judge Jan Yarbrough, who is retiring after twelve years as ... Read More >
306th Family District Court Race Gets Nasty
The race to pick a Republican to replace the excellent Judge Jan Yarbrough in the 306th Family District Court in Galveston County has taken a nasty and scary turn. It is now a nasty race because the two leading candidates are busy calling each other "liars" (only one is correct). The race is scary because most attorneys cannot imagine how it would be if one of those candidates were to get elected. Anne Darring, Wilfried Schmitz and Jennifer Burnett are seeking the Republican nomination and there is no Democrat even running. Darring has the support of virtually all of the attorneys who have taken a public position in the race (over 70) and Schmitz has not surprisingly become the darling of the Tea Party extremists. Ms. Burnett is a nice young attorney working in the District Attorney's office with no real experience handling divorces or custody cases in the private world and she lacks the resources to compete with Schmitz and Darring. Darring has been involved in Republican ... Read More >
E-Filing Tips – Part 2
E-fling continues to aggravate and confuse attorneys and legal assistants. Here is an important tip I am getting from the clerks in all surrounding counties (they just will not say it on the record): DO NOT USE PRO DOC AS YOUR E-FILING SERVICE PROVIDER. The clerks confirm that the majority of their e-filing problems involve ProDoc. My office has switched to efile.txcourts.gov, which is free and seems to create far fewer errors. Click here for the comparison chart of e-filing service providers. I arranged a meeting for legal assistants from several different law firms to meet with Galveston County District Clerk John Kinard and his staff to discuss e-filing. I give Kinard and his people credit - they are trying everything they can to make this transition to e-filing work. Communication is a big issue and is being worked on. For example, Galveston County a few weeks ago stopped accepting American Express to pay e-filing fees but did not tell anyone. My office went crazy for a ... 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 >
The Republican Problem with Judge Pratt
(This article appeared in the September 25, 2013 edition of my newsletter, The Mongoose) On the local level, I support and socialize with many Republican elected officials. In the last election cycle, I hosted seven parties at my office for judges or judicial candidates -- all were Republicans and all won. I contributed to and supported many other local Republican candidates. I speak several times a day with GOP candidates or elected officials (the incumbent judges I confer with ALL like and support The Mongoose). Republicans may disagree with me on national issues such as The Affordable Care Act, but it is clear that we totally agree on the following: Elected officials are public servants and they should work full time. Judges should know and follow the law. Judges should accurately date their orders not create the appearance of committing the crime of tampering with a government record. Judges must be respectful of the mothers and fathers who litigate in their ... Read More >
Houston Area School Districts
Houston Area School District Calendars Parents and their attorneys often need to consult school district calendars to determine when divorced or separated parents are entitled to possession of their children. This is particularly important in these circumstances: The dates when school starts and ends (Thursday periods of possession are only during the regular school term and many summer visitations must end at least a week before the start of school; the parent with visitation who must plan his or her summer needs to know when school stops for the summer before giving notice on April 1 of each year of what his or her extended summer possession will be); School holidays on Fridays or Mondays before or after a weekend can extend visitation according to most possession orders; Thanksgiving, Christmas and Spring Break periods of possession are all keyed to the school district calendar; ... Read More >
A spouse is entitled to an offset against the value of a community property business for the value of separate property assets contributed to the business
Hooray for the attorney who cites a case from 1889 and wins! Perhaps we all should review Schmidt v. Huppman, 11 S.W. 175 (Tex. 1889), which held “Where it satisfactorily appears, as in this case, that one spouse brought into the partnership separate funds invested in a particular business, which business was carried on and the profits arising therefrom used in creating and building up the community estate, and the separate funds are employed in the same business at the dissolution of the partnership, upon settlement with the community estate we think the spouse furnishing such separate funds is entitled to reimbursement therefore.” At the trial of this divorce, 123 years after the Schmidt v. Huppman case was decided, the husband proved that his sole proprietor law firm on the date of marriage had $383,233.35 in accounts receivable, $175,391.70 in unbilled time for work in progress, $5,000 in furniture and fixtures, $22,003.74 in accounts payable and $95,307.40 in accrued payroll. ... Read More >
Mental Disorder in Court – The Most Bizarre Court Hearing Ever!
Mental Disorder in the Court By Greg Enos Lawyers in Galveston County now know how it felt to serve in Roman Emperor Caligula's court. We see and fear the madness that is cloaked in awesome power and never know when the mad ruler's ire will be aimed at us. This was the scene in Emperor Dupuy's court on February 11 when Dupuy held a hearing to hold attorney Lori Laird in contempt for filing two motions to recuse him. There were eight armed bailiffs supervised by the elected Sheriff of Galveston County, who was being advised by a lawyer from the County Legal Department. The Sheriff even checked behind the judge's bench for weapons before the hearing started. It seemed that the extraordinary security was there as much to protect the attorneys from the judge as to keep order in the court. A felony prosecutor and the D.A.’s head investigator sat in the gallery taking notes about the judge. About 40 people were in the audience, including the County Judge and for a while one ... Read More >