Bell v. Bell

Today’s opinion by the majority is unique. While paying lip service to the rule of law announced in the case of In re Marriage of McCurdy, 489 S.W.2d 712, 719 (Tex.Civ.App., Amarillo, 1973, error dism.), the majority proceeds to contravene the rule there set out.1 The majority likewise overlooks the rule that where there is some evidence of substantial and probative character supporting the trial court’s findings of fact and conclusions of law, such are controlling upon this court. See, e. g., Commercial Union Assurance Company v. Foster, 379 S.W.2d 320, 322 (Tex.1964).

The trial court found…