Court of Appeals of Texas, Fourth District, San Antonio
the County Court at Law No. 1, Webb County, Texas Trial Court
No. 2014CVQ001900 C1 Honorable Hugo Martinez, Judge Presiding
Sitting: Karen Angelini, Justice Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Marialyn Barnard, Justice
Melecio Arturo Molina ("Molina Sr.") challenges the
trial court's summary judgment dismissing his declaratory
judgment action against appellee Melicio Arturo Molina Jr.
("Molina Jr.") and affirming a previously rendered
nunc pro tunc divorce decree. In his first seven issues,
Molina Sr. argues his declaratory judgment action was not
barred as a matter of law because the nunc pro tunc divorce
decree it sought to attack is void. In his last issue, Molina
Sr. argues the trial court violated his due process rights by
affirming the nunc pro tunc divorce decree. We reverse the
trial court's judgment and remand the cause for further
1997, Patricia Molina filed for divorce from Molina Sr. At
the hearing on Patricia's divorce petition, the attorneys
for the parties announced they had reached an agreement with
regard to the division of the marital estate. The terms of
the agreement were dictated into the record in open court.
Specifically, with regard to more than 100 acres of real
property in Karnes County, described as "the ranch
property, " the following exchange occurred:
THE COURT: Who do they [the ranch property] go to?
[Patricia's attorney]: That property, Mr. Molina will
keep a life estate and he will immediately execute - a deed
conveying the remainder interest to the child, Melicio Arturo
[Molina Sr.'s attorney]: And -
[Patricia's attorney]: And she would also - she will do
the same thing with her interest in the ranch.
[Molina Sr.'s attorney]: Actually, she will waive any
interest that she has in the property.
THE COURT: She won't keep any estate interest or anything
[Patricia's attorney]: Right. There's ...