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· 5/29/2009

Smith v. Deneve

Citations

  • 285 S.W.3d 904
  • 2009 Tex. App. LEXIS 4004
  • 2009 WL 1492997

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that putative husband “adduced no evidence of the essential element of holding out” and affirming trial court’s grant of summary judgment on issue of informal marriage
  • holding that putative husband “adduced no evidence of the essential element of holding out” and affirming 26 trial court’s grant of summary judgment on issue of informal marriage
  • holding that “Smith did not adduce evidence of holding out sufficient to raise a genuine fact issue” even though Smith testified that Deneve had accepted his ring and they had been introduced by others as husband and wife
  • concluding contracts listing parties as “husband” and “wife” were insufficient to raise a fact issue as to the holding out to the public element, when there was no evidence the other party caused the representations to be made or was even aware of them
  • discounting the proponent spouse’s evidence of contracts that listed the couple as husband and wife in part because “there is no evidence that anyone in the community ever saw those contractual representations”
  • concluding no evidence of holding out based on man’s affidavit testimony that woman accepted ring and they began to introduce each other as husband and wife and others would introduce them as husband and wife when he adduced no evidence as to whether these events were common or rare

Source: CourtListener parenthetical corpus (CC0).

Judges: Fitzgerald, Francis, Lang-Miers

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.