Opinion

Jeffery Dwayne Benoit v. Brenda Faye Benoit

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Dec 22, 2015
Status
Published
Cited by
0 cases

The opinion

JUDGMENT

Court of Appeals

First District of Texas

NO. 01-15-00023-CV

JEFFERY DWAYNE BENOIT, Appellant

V.

BRENDA FAYE BENOIT, Appellee

Appeal from County Court at Law No. 2 of Orange County. (Tr. Ct. No. E-140080-D).

This case is an appeal from the final judgment signed by the trial court on October

30, 2014 and a post-decree temporary order signed by the trial court on December 15, 2014.

After submitting the case on the appellate record and the arguments properly raised by the

parties, the Court holds that there was reversible error in the portion of the trial court’s

temporary order awarding $5,000 in attorney’s fees. Accordingly, the Court reverses that

portion of the trial court’s temporary order. The Court further holds that there was no

reversible error in the remainder of trial court’s temporary order. Therefore, the Court

affirms the remaining portions of the temporary order.

The Court further holds that there was no reversible error in the of the trial court’s

divorce decree. Therefore, the Court affirms the trial court’s divorce decree.

The Court further remands the case to the trial court for a determination of Brenda

Faye Benoit’s appellate attorney’s fees.

The Court orders that the appellant, Jeffrey Dwayne Benoit, pays all appellate costs.

The Court orders that this decision be certified below for observance.

Judgment rendered December 22, 2015.

Panel consists of Justices Jennings, Higley, and Brown. Opinion delivered by Justice

Higley.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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