Beth M. Johnson
Motions for New Trial
New trials may be granted and a judgment may be set aside for good cause. Tex. R. Civ. P. 320. Ineffective Service A defendant can...
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Beth M. Johnson
- Jan 25
- 4 min
Arbitration Agreements
Divorces and SAPCRs can be resolved through arbitration proceedings. See Tex. Fam. Code §§ 6.601, 153.0071(a). Generally, an agreement by...
Beth M. Johnson
- Jan 4
- 5 min
Appellate Attorney’s Fee Awards
Appellate courts generally do not award fees. For an appellee to be awarded fees, the appellee generally must file a cross-appeal because...
Beth M. Johnson
- Nov 16, 2021
- 5 min
Enforcing Mediated Settlement Agreements
In family law, the Texas Legislature has made mediated settlement agreements (“MSAs”) binding on the parties if the MSA provides, in a...
Beth M. Johnson
- Oct 26, 2021
- 6 min
When Are Findings Useful in Family Law?
At the end of the trial, appeal may or may not be foremost on your mind, but questioning whether to request findings of fact and...
Beth M. Johnson
- Sep 28, 2021
- 3 min
Characterization of Marital Property
Because Texas is a community-property state, all marital property is characterized and “separate,” “community,” or “mixed.” See Hilley v....
Beth M. Johnson
- Aug 24, 2021
- 3 min
Spousal Maintenance and Contractual Alimony --- Which is Right for Your Case?
A court can order one party to provide periodic financial support for the other after a divorce. Tex. Fam. Code ch. 8 (“Spousal...
Beth M. Johnson
- Jul 20, 2021
- 3 min
Scope of Judicial Notice Can be Waived Absent an Objection
Judicial notice can be a time-saving method to get evidence that has been previously presented into the current record. See Tex. R. Evid....
Beth M. Johnson
- Jul 9, 2021
- 3 min
Contempt and Specificity of Orders
An order for contempt must be supported by a reasonably specific underlying order. To hold a party in contempt for violating a court...
Beth M. Johnson
- May 4, 2021
- 3 min
Family Violence: Conservatorship and Protective Orders
In a suit for conservatorship, a trial court must consider the best interest of the child and should consider applicable Texas public...
Beth M. Johnson
- Mar 9, 2021
- 2 min
Default Orders Must Be Supported by Evidence
In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer. Tex. Fam. Code § 6.701. So,...
Beth M. Johnson
- Feb 1, 2021
- 0 min
Beth M. Johnson
- Jan 26, 2021
- 2 min
Discovery Issues and Mandamus Review
The new discovery rules are on everyone’s minds as we begin 2021. For the most part, discovery rulings are “incidental” rulings not...
Beth M. Johnson
- Oct 20, 2020
- 3 min
Restricted Appeals Can Be an Effective Tool to Undo Default Judgments
We generally think of the 30-day window after a final order as the only time in which a party can appeal. However, if there was clear...
Beth M. Johnson
- Sep 2, 2020
- 3 min
Property Orders Cannot Be Modified, BUT There Might Be Room for Clarification
There is an entire chapter of the Texas Family Code devoted to modification of child-related orders. However, a property division—like...
Beth M. Johnson
- Dec 16, 2019
- 1 min
Beth talks about family law appeals on the State Bar of Texas Podcast
(Beth is introduced at about 34:00)