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Douglas Wayne Joyner v. Janelle Marie Joyner
Citation: Not availableDocket: 04-10-00563-CV
Court: Court of Appeals of Texas; August 24, 2011; Texas; State Appellate Court
Original Court Document: View Document
Appellant Douglas Wayne Joyner successfully appealed the trial court's denial of his petition for a bill of review regarding an amended domestic relations order (DRO) following his divorce from Janelle Marie Joyner. The original divorce decree awarded Janelle a portion of Doug’s military retirement benefits, to be further defined in a DRO. After Doug’s retirement in 2005, the Department of Finance and Accounting Services (DFAS) mistakenly paid Janelle more than her awarded share. To rectify this, Doug and Janelle entered into a Rule 11 agreement in 2006, leading to the entry of an Amended DRO in 2007, which adjusted Janelle’s share to 37%. Doug later contested the Amended DRO, claiming it improperly altered the divorce decree's terms and did not account for a credit owed to him by DFAS. The trial court initially granted a motion for a new trial contingent upon Doug paying Janelle’s attorney fees, which he failed to do, resulting in the motion’s denial. Doug filed a petition for a bill of review in 2008, asserting the trial court lacked jurisdiction to modify the property division. The trial court denied his petition, stating he did not meet the required elements for a bill of review and was negligent in pursuing legal remedies. The appellate court reversed this decision, agreeing that if the trial court lacked jurisdiction, Doug need not satisfy the formal requirements for a bill of review, thus vacating the Amended DRO. A petitioner challenging a judgment based on a lack of subject matter jurisdiction does not need to meet the formal bill of review requirements. The case examines whether the trial court had jurisdiction to issue an Amended Domestic Relations Order (DRO) that Doug claims is void for altering the division of property from the original divorce decree, which awarded Janelle a specific portion of Doug’s military retirement benefits. Jurisdictional questions are evaluated de novo, focusing on whether the Amended DRO modified or clarified the original DRO. The court retains the power to enforce or clarify property divisions in divorce decrees but cannot amend or alter substantive property divisions approved in a final decree. A divorce decree should be interpreted as a whole, and if it is clear, the court must implement it according to its explicit terms. Doug’s original DRO clearly allocates Janelle 35.4545% of his retirement pay, but the Amended DRO increases her share to 37%, which constitutes a modification beyond the court’s authority. Janelle contends that Doug's prior agreement to increase her award distinguishes this case, as he initially sought clarification of the DRO. Despite acknowledging the potentially unfair outcome, the court emphasizes that the legislature restricts the trial court from modifying unambiguous property divisions. Consequently, the trial court lacked jurisdiction to issue the Amended DRO, and Doug was not required to follow the bill of review process to contest jurisdiction. The court vacates the Amended DRO, granting the relief that should have been awarded.