Legal Opinion · Dissent

Pettit v. Pettit

Court of Appeals of Texas

Decided October 31, 1991No. 09-90-119 CVPublished

1DissentBrookshire, Justice

Appeal of the granting of a motion for summary judgment. The appellant and ap-pellee were divorced by agreed or consent decree on January 16, 1987. On August 23, 1989, the appellant filed a motion to modify seeking an increase in child support payments. This motion was not signed by Katherine Pettit or verified by any one. Appellee filed a motion for summary judgment on the basis that the Agreement Incident to Divorce and the Decree were contractual in nature and that the consent Decree was not subject to modification ab*563sent a showing of fraud, accident, mistake or mutual consent of the…

2Cases cited3 opinions

  1. City of Houston v. Clear Creek Basin AuthorityTexas Supreme Court · 1979
  2. Dorshaw v. DorshawCourt of Appeals of Texas · 1982
  3. Elfeldt v. ElfeldtTexas Supreme Court · 1987

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