Court of Appeals of Texas, Second District, Fort Worth
Appeal from the 462nd District Court Denton County, Texas
Trial Court No. 16-02115-211
Sudderth, C.J.; Womack and Wallach, JJ.
Shatara Wright attempts to appeal from the trial court's
order granting the declaratory judgment request of Appellee
Michael Stephen Payne, her estranged husband, and holding the
couple's marital agreement and two property agreements
unenforceable. Their divorce is still pending. We dismiss
this appeal for want of jurisdiction.
Payne filed a petition for divorce from Wright, he amended
his petition to add a declaratory judgment request, asking
the trial court to declare the couple's marital agreement
and two other property agreements void and unenforceable. The
trial court bifurcated the trial, ordering that the
declaratory judgment issue would be resolved before all
remaining issues in the divorce:
Court's own motion, IT IS ORDERED that the Final
Trial of this case shall be BIFURCATED as follows:
1. IT IS ORDERED that only [Payne's] Request for
Declaratory Judgment shall be heard by the Court at the Final
Trial currently set in this matter for December 10, 2018, at
2. IT IS FURTHER ORDERED that the Final Trial of all
other issues in this case is hereby CONTINUED until a
[Emphasis added.] The trial court did not sever the
declaratory judgment portion of the case from the rest of the
hearing, the trial court signed its "ORDER GRANTING . .
. PAYNE'S APPLICATION FOR DECLARATORY JUDGMENT"
(declaratory judgment). The declaratory judgment provides,
On December 12, 2018, this case was called for final trial on
the Application for Declaratory Judgment as
contained within [Payne's] Second Amended Petition
for Divorce and Request for Declaratory Judgment . . . .
. . . .
Decla ra tory Judgment on Enforceability of Marita l Ag