Brown v. Fullenweider

Former section 3.70(a) of the Family Code provided in pertinent part that “[a] court order or the portion of a decree of divorce or annulment providing for a division of property ... may be enforced by the filing of a motion as provided by this subchapter in the court that rendered the decree by any party affected by the order or decree.” 1 The question in this case is whether a party’s attorney may file a motion under this provision to collect fees from his own client. The court of appeals answered in the affirmative. 2 We disagree, reverse the court of appeals’ judgment, and dismiss the…