Rosemarie Klara Lenz v. Heinrich Rudolph Lenz

Summary

The Supreme Court of Texas held that legally sufficient evidence supported a jury's finding that relocating the parties' children to Germany would be a positive improvement and in their best interest. The court further held that Texas Family Code section 105.002 prohibited the trial court from imposing a geographic residency restriction contrary to the jury's verdict granting the mother the exclusive right to determine the children's primary residence. The court reversed the court of appeals, rendered judgment modifying the conservatorship, and remanded attorney's-fee issues.

Holdings

1. Heinrich preserved his no-evidence challenge because the trial court's final order implicitly disposed of his motion for judgment notwithstanding the verdict by granting the alternative relief he requested.
2. More than a scintilla of evidence supported the jury's finding that removing the residency restriction and allowing relocation to Germany would be a positive improvement for and in the best interest of the children.
3. Under Texas Family Code section 105.002, a trial court may not contravene a jury verdict determining a child's primary residence by imposing an additional geographic restriction inconsistent with that verdict.

Questions Presented

1. Whether legally sufficient evidence supported the jury's finding that removing the residency restriction and relocating the children to Germany would be a positive improvement for them and in their best interest under former Texas Family Code section 156.202.
2. Whether Texas Family Code section 105.002 permitted the trial court to impose a geographic restriction on the children's primary residence contrary to the jury's verdict awarding Rosemarie the exclusive right to determine their primary residence.
3. Whether Heinrich preserved his legal-sufficiency challenge despite the absence of an express ruling on his motion for judgment notwithstanding the verdict.

Disposition

reversed_and_remanded