Court of Appeals Holds that Husband Did Not Effectively Revoke Stipulation Regarding Disposition of the Parties' Home.
In his appeal from the property division in a divorce case in which conservatorship was tried to a jury, husband unsuccessfully challenged his attorney's authority to enter the stipulation concerning the assignment of 100% of the equity in the parties' home to the wife. In an opinion by Justice Guzman, a former family court judge, the appellate panel holds that husband had waived the argument on appeal by failing to first present it in the trial court.Zavala v. Zavala (Tex.App.- Houston [14th Dist.] May 31, 2007)(Guzman)(divorce, property division)
Opinion by Justice Eva Guzman
Panel composition: Justices Kem Frost, Charles Seymore and Eva M. Guzman
Appellate cause no: 14-06-00081-CV
Style: Paul Zavala v. Evelyn Zavala
Trial Court: 246th District Court of Harris County (no name for judge shown on e-docket)
Legal lingo: divorce, unequal property division, 100% of the marital home to one spouse, settlement agreement between divorcing spouses, stipulation by counsel, revocation