Kenneth Ray Waldrop v. Teresa Waldrop ( 2018 )

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-15-00058-CV
Kenneth Ray Waldrop § From the 393rd District Court
§ of Denton County (2006-61054-
393)
§
v. § June 7, 2018
§ Opinion by Justice Walker
§ Dissent by Chief Justice Sudderth
Teresa Waldrop § Concurrence by Justice Meier
JUDGMENT ON EN BANC RECONSIDERATION
After reviewing Appellant Kenneth Ray Waldrop’s motion for en banc
reconsideration, we grant the motion. We withdraw our September 29, 2016
opinion and judgment and substitute the following.
This court has considered the record on appeal in this case and holds that
there was error in part of the trial court’s judgment. It is ordered that the
judgment of the trial court is affirmed in part and reversed and remanded in part.
We affirm that portion of the trial court’s final order on Kenneth’s declaratory
judgment declaring the Contractual Maintenance provision to be purely
contractual. We reverse that portion of the trial court’s final order on Kenneth’s
declaratory judgment declaring that the “further orders of the court, including”
language does not authorize the trial court to modify the Contractual
Maintenance provision, we reverse the trial court’s alternative declaration that
chapter 8 applies, and we reverse the award of declaratory-judgment attorney’s
fees to Teresa. We remand this case back to the trial court for a determination of
whether Kenneth’s maintenance obligation should be modified or terminated by
further orders of the trial court and to determine an award of attorney’s fees, if
any, for either of the parties.
It is further ordered that all parties shall bear their own costs of this
proceeding, for which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By __/s/ Sue Walker___________________
Justice Sue Walker