Martin v. Adair

CLAYTON, Justice.

Appellee instituted this original proceeding in the nature of a motion to reduce to judgment child support arrearages pursuant to Tex.Family Code Ann. § 14.09 (Vernon 1975) against appellants as Independent Executors of the Estate of James E. Martin, deceased. In a non-jury trial, judgment was entered against appellants in the sum of $6,477.94 for delinquent child support and $1,500 attorney’s fees.

In our former opinion, 582 S.W.2d 547, we held that a judgment could not be obtained against the estate of a defaulting party in a proceeding pursuant to Tex.Family Code Ann. §…