Legal Opinion

Martin v. Dosohs I, Ltd.

Texas Court of Appeals, 4th District (San Antonio)

Decided August 13, 1997No. 04-96-00663-CVPublishedCited by 11 opinions

1Opinion of the Court

DUNCAN, Justice.

Dorothy F. Martin petitions for a writ of error to set aside a December 14,1994 partition decree, which awarded Dosohs I, Ltd. 1.208 acres out of the Martins’ non-exempt homestead property. Because Texas law deems Mrs. Martin’s complaint an allegation of error in the trial court’s decree ordering partition, which cannot be reviewed in an appeal from the partition decree, we hold Mrs. Martin has failed to establish error and therefore affirm the trial court’s judgment.

Factual and Procedural Background

In 1968, Glen and Dorothy Martin purchased a home located on eight lots in the…

2Cases cited5 opinions

  1. Primate Construction, Inc. v. SilverTexas Supreme Court · 1994
  2. Griffin v. WolfeTexas Supreme Court · 1980
  3. Marmion v. WellsCourt of Appeals of Texas · 1952
  4. Scheiner v. ProbandTexas Supreme Court · 1889
  5. Bierschwale v. BodeCourt of Appeals of Texas · 1988

3Cited by11 opinions

  1. Campbell v. Tufts, Texas Court of Appeals, 10th District (Waco)1999
  2. Brian Lancaster v. State, Texas Court of Appeals, 10th District (Waco)2008
  3. Gerald K. Johnson v. Christine Evans and Frederick M. Evans, Texas Court of Appeals, 14th District (Houston)2010
  4. Lee Ann Bolinger v. Judy Beth Williams, Texas Court of Appeals, 7th District (Amarillo)2015
  5. Mary S. Campbell v. John Tufts, Jr., Texas Court of Appeals, 10th District (Waco)1999

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