Bellatti v. Bellatti

KEITH, Justice.

Our opinion handed down on February 16,1978, is now withdrawn and this opinion substituted in lieu thereof.

Pursuant to instructions from the Supreme Court of Texas, we set aside our earlier order dismissing the appeal and now consider appellee’s motion for imposition of penalty under Tex.R.Civ.P. 438, for the prosecution of a frivolous appeal.

Appellant sought a no-fault divorce, Tex. Family Code Ann. § 3.01 (1975), and the trial court granted such a divorce in a consent decree which incorporated a settlement agreement partitioning the community estate of the parties. Appellant…