Paul O’Brien v. Tiffanie O’Brien

Summary

The Texas Court of Appeals, Third District, abated an appeal from a final divorce decree to allow the trial court to reconsider a motion to modify temporary orders pending appeal. The court held that Texas Family Code section 109.001(b-3) and (b-4) permit the trial court to consider modifying an existing temporary order while the appeal remains pending, subject to the statutory requirements.

Holdings

1. The trial court retains jurisdiction to modify and enforce an existing temporary order under Texas Family Code section 109.001(b-3) unless the appellate court supersedes the order, even though the sixty-day period in section 109.001(b-2) for issuing an initial temporary order has expired.
2. Nothing in section 109.001 limits a trial court's modification of a previous temporary order to the subject matter of provisions included in the previous order.
3. The appeal should be abated to allow the trial court to conduct another hearing and reconsider Tiffanie's motion to modify the temporary orders under section 109.001(b-3) and (b-4).

Questions Presented

1. Whether the trial court retained jurisdiction under Texas Family Code section 109.001 to modify an existing temporary order pending appeal after the sixty-day period for issuing an initial temporary order had expired.
2. Whether section 109.001 limits modification of a previous temporary order to the subject matter of provisions already included in that order.
3. Whether the appeal should be abated to permit the trial court to reconsider Tiffanie's motion to modify under section 109.001(b-4).

Disposition

other