Episode Summary

Melinda Eitzen talks with Hunter Lewis, a partner at Duffee + Eitzen, about the realities of litigation in family law cases. They explore what effective litigation really looks like—from client preparation and pleadings to evidence, trial strategy, and appellate considerations.

Hunter explains why honesty and full transparency from clients are essential to building an effective litigation strategy. Because courtrooms are an unnatural environment, thorough preparation and storytelling rooted in truth are critical. Melinda and Hunter also discuss the importance of properly drafted pleadings, handling cases involving family violence, navigating varying county evidence rules, and preserving the record for appeal. This episode provides a practical look at what goes into strong family law litigation from start to finish.

About the Guest

Hunter Lewis is a partner at Duffee + Eitzen and an experienced family law litigator.

Key Takeaways About Litigation in Family Law

● Client Transparency Matters: Clients help their attorneys most by sharing everything—not by trying to leave a good impression. Effective litigation relies on complete information to build strategy and tell the client’s story.

● Preparation Is Critical: Court is an unnatural environment. Thorough client preparation helps reduce uncertainty and improves courtroom performance.

● Honesty Wins: The most effective litigation strategies are rooted in truth. Taking ownership of the facts builds credibility, and judges respond to honesty.

● Pleadings Can Decide a Case: Poorly drafted pleadings can eliminate claims or entire cases. Pleadings must align with statutory requirements and be specific enough to preserve appellate rights.

● Evidence Rules Vary: Evidence rules can differ by county and court. Staying current with local rules is critical—failure to do so can result in excluded evidence.

● Motion for Directed Verdict: This motion argues the opposing party has failed to meet their burden of proof and is made after the other side rests but before presenting your case.

● Protecting the Record: Proper record-keeping is essential to support appeals or prevent them altogether. A clean record can make or break an appellate outcome.

Melinda sits down with family law attorney Philip Moore to explain summary judgments and their role in family law cases. Summary judgments allow a judge to rule without a full trial when the facts aren’t in dispute, helping resolve cases quickly and efficiently.

Philip discusses how summary judgments are used in both divorce cases and post-divorce modification actions. They explore what constitutes a substantial change in circumstances for modifications, the types of motions available, and timing considerations under Texas rules. The episode also covers drafting strategies, how judges review summary judgments, and practical advice.

About the Guest:

Philip W. Moore, Jr. is a family law attorney of Moore Family Law practicing in Frisco, Tx. To contact, please call (214) 764-8033 or visit Frisco Divorce Attorney | Moore Family Law, P.C.

Key Takeaways About Summary Judgements in Family Law:

- Definition: Summary judgments are a procedural tool used when the facts are undisputed and no genuine issue of material fact exists. The judge can rule as a matter of law without a trial.

- Purpose: They help avoid jury trials, resolve cases early, and streamline litigation.

- Applicable Cases: Used in divorce cases and post-divorce modifications.

- Modifications: Only substantial changes qualify, such as serious health issues, abuse, or parent arrests. Normal life events like children aging, minor schedule changes, or remarriage usually do not meet the threshold.

- Types of Motions:

- Traditional Summary Judgment: Can be filed anytime after the party has appeared.

- No-Evidence Motion: Can be filed when the opposing party has produced discovery; must be filed at least 21 days before the hearing.

- Reply: Allows the moving party to respond if the opposing side has produced discovery that still fails to establish a material fact.

- Drafting Considerations: Include statements, intentions, or acknowledgments regarding foreseeable changes when preparing orders.

- Judge Preferences: Some judges prefer detailed written submissions, while others also allow oral presentations at the hearing.

- Timeline Rules:

- 21 days’ notice before the hearing is required.

- Responses are due 7 days before the hearing.

- No strict deadline exists for replies to the response under Texas Rules of Civil Procedure.

Notable Quotes About Summary Judgements:

“Summary judgments are a way to resolve cases when the facts aren’t in dispute—saving time and avoiding a jury trial.”

“Only substantial, material changes rise to the level required for modification—things like health issues, abuse, or arrests, not minor life events.”

“Judges vary: some like to read all submissions in advance, others want a clear oral presentation at the hearing.”

In this episode, Melinda sits down with fellow Duffee+Eitzen partner, Jodi Bender, to discuss her Texas Supreme Court family law case, what that process was like, and how it now impacts family law across Texas.

Key Takeaways from the Episode

Texas Court Structure:
· Three levels: trial court, appellate court, and Texas Supreme Court.
· Less than 10% of cases requested for review by the Supreme Court are actually heard.

Appeals Are Not a “Do-Over”:
· No new witnesses or arguments are presented.
· The appellate court reviews legal errors made during trial (e.g., evidence wrongly excluded or admitted).
· Attorneys must show that the error was harmful to the case and preserve the issue in the record with an offer of proof.

Importance of Record-Keeping:
· Maintaining a clear and detailed trial record is essential for a successful appeal.
· Appeals can take years to resolve.

Jodi’s Case Overview:
· Involved property division — specifically whether a bonus earned during marriage was community property or separate property.
· Jodi argued the bonus was community property because it was accrued during the marriage and tied to the husband’s performance.
· The Texas Supreme Court agreed with Jodi, ruling that the bonus should be considered community property.

Impact of the Ruling:
· Clarified that compensation outside of salary (e.g., bonuses, stock options, fringe benefits) must be evaluated based on when it was earned, not when it was received.
· Addressed potential gamesmanship, where individuals could manipulate salary and bonuses to affect property division.
· Although Jodi’s case did not create new law, it provided a new interpretation and clarification of existing statutes.

Broader Implications for Family Law:
· Influences mediation and settlement negotiations, as bonuses and deferred compensation must be analyzed carefully before trial.
· Reinforces the importance of understanding each party’s compensation structure in divorce cases.
· Connects to new family code legislation that includes formulas for deferred compensation but still leaves ambiguity on handling bonuses.

About Jodi Bender Today:
· Continues to practice family law and head the Witchia Falls D+E location, as well as, Dallas metro area.
· Has expanded her work to include mediation as a mediator herself.