Pick a side, any side –

February 9, 2016

two sideDharma and Hahn divorced.  The trial court entered a final decree. Dharma appealed the trial court division of property; primarily, an interest in her medical practice.  Hahn argued that she accepted the benefits of the decree by selling a related entity and encumbering the practice’s assets, and the Fifth Court agreed, finding that she “exercised control over substantial assets she received in the trial court’s property division.”  The Court rejected an argument that the “acceptance of benefits” doctrine did not apply, based on her view of what would likely happen on remand, because that did not establish an “unquestionable” right as required by the limits on that doctrine.  In re S.B.H., No. 05-14-00585-CV (Feb. 5, 2016) (mem. op.)