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Appellate Case Results

Appellate Case No. 02-15-00325, Wenzal M. Hardwick v. Cynthia K. Hardwick (2nd Dist. Ft. Worth, 2016) Memo. Op.

September 2016

This is a case that is an example of the old adage "no good deed goes unpunished."

Appellate Case No. 02-15-00325.  Hardwick v. Hardwick, (2nd Dist. Ft. Worth, 2016) Memo. Op.

This is a case that is an example of the old adage "no good deed goes unpunished."

This case came to Ms. Parker because she had represented the Mother under another family law case against Mr. Hardwick that ended up on appeal in Appellate Cause No. 02-12-00370-CV. 

Two years after the case against Mr. Hardwick, his wife came to Ms. Parker asking for representation against him in a divorce action.  The parties had no children so their dispute was over property division.  The underlying trial case was in the 362nd District Court of Denton County.  After failed negotiations over property division, the parties went to trial.  At the last minute, Husband filed a Motion for Continuance seeking to reset the final trial date.  At trial, Ms. Parker pointed out that Husband failed to properly verify his Motion for Continuance and has had ample time to prepare for trial.  The Trial Court denied Husband's motion for continuance and proceeded with trial. 

The trial lasted an entire day and by the end of the day, the Trial Court entered its decision, awarding Wife a substantial division of the community estate, finding that she had substantial separate property, and awarded her attorney fees and costs.  Husband appealed on a single issue - that he was entitled to a continuance.  The Court of Appeals affirmed the Trial Court's decision, finding that a motion for continuance must be sworn to and verified.

Practice area(s): Divorce / Separation

Helene Parker

Ms. Parker has been a licensed attorney in Texas since 1997.  She is Board Certified in Family Law. Ms. Parker received her B.A. from California State University, Fullerton in History and Art.  Cal State Fullerton was not Ms. Parkers first university; she spent her freshman year at American Uni...

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