Garza v. Garza

I respectfully dissent.

This is an appeal from an order enforcing a final decree of divorce that had been entered on June 6, 1980. Appellant had originally attempted to attack the decree by direct appeal, but this Court in Garza v. Garza, 608 S.W.2d 260 (Tex.Civ.App. — San Antonio 1980, writ dism’d), affirmed on certificate the trial court’s judgment due to appellant’s failure to timely file the record.

The decree of divorce was entered following a hearing before the trial court. As part of the decree, the property of the parties was divided as required by TEX. FAM.CODE ANN. § 3.63 (Vernon…