Wileman v. Wade

I do not agree with the rationale of the majority opinion regarding the judgment in installments, and I dissent to the majority’s holding the appellees jointly liable. Therefore, I concur in part and dissent in part.

The Installment Judgment

The threshold question, unaddressed by the majority, is whether the recovery sought by appellant is for damages as a third party creditor or as attorney’s fees prescribed by TEX.FAM.CODE ANN. § 11.18 (Vernon Supp.1982):1

Costs(a) In any proceeding under this subtitle, including, but not limited to, habeas corpus, enforcement, and contempt proceedings, the…