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Sean Carter McCain v. Elizabeth Mary McCain

Citation: Not availableDocket: 03-19-00751-CV

Court: Court of Appeals of Texas; October 28, 2021; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Texas Court of Appeals, Third District, issued a judgment on October 28, 2021, in the case of Sean Carter McCain v. Elizabeth Mary McCain, stemming from a trial court ruling on October 1, 2019. The Court identified a reversible error in the trial court’s determination of child-support arrearage, initially set at $5,923.55, and revised this amount to $4,498.55 owed by the appellant. The remaining parts of the trial court's final order regarding the Suit Affecting the Parent-Child Relationship (SAPCR) and the post-judgment temporary order for appellate attorney’s fees in favor of the appellee were affirmed. The appellant was ordered to bear all costs associated with the appeal in both the appellate and trial courts.

Legal Issues Addressed

Affirmation of Trial Court's SAPCR Orders

Application: The appellate court upheld the trial court's final orders regarding the Suit Affecting the Parent-Child Relationship, confirming their validity.

Reasoning: The remaining parts of the trial court's final order regarding the Suit Affecting the Parent-Child Relationship (SAPCR) and the post-judgment temporary order for appellate attorney’s fees in favor of the appellee were affirmed.

Allocation of Appellate Costs

Application: The appellant was deemed responsible for all costs incurred due to the appeal, covering both appellate and trial court expenses.

Reasoning: The appellant was ordered to bear all costs associated with the appeal in both the appellate and trial courts.

Reversible Error in Child-Support Arrearage Calculation

Application: The appellate court found an error in the trial court's child-support arrearage calculation and adjusted the amount owed by the appellant.

Reasoning: The Court identified a reversible error in the trial court’s determination of child-support arrearage, initially set at $5,923.55, and revised this amount to $4,498.55 owed by the appellant.