Constance v. Constance

My concurrence is limited to agreement that the trial court erred in sustaining the plea of res judicata and that the cause should be remanded for further proceedings.

In view of this Court’s holding in the recent case of Cearley v. Cearley, Tex.Civ.App. 536 S.W.2d 96 (1976) that military retirement benefits are not acquired by the serviceman merely by reason of the passage of the minimum twenty years of service, it appears possible in this case that the prospective retirement benefits of the appellee did not constitute any part of the community property at the time of the divorce decree.

In…