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Beltran v. Beltran

Appellant appeals an order granting a declaratory judgment in favor of her former brother-in-law regarding her brother-in-law's interest in a business owned by her former husband during the marriage. Because appellant has been divested of her interests in the business by an irrevocable mediated settlement agreement, the appeal is moot and dismissed. El Paso Court of Appeals, No. 08-08-00002-CV, 01-20-2010

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OPINION

Lilia Beltran appeals an order granting a declaratory judgment in favor of her former brother-in-law Julian Beltran regarding Julian’s interest in a business owned by her former husband, Raymundo Beltran, Jr, during the marriage. Because Ms. Beltran has been divested of her interests in the business by an irrevocable mediated settlement agreement, the appeal is moot and must be dismissed.

Raymundo Beltran Jr. filed for divorce from Lilia Beltran in July of 2004, alleging that the marriage had become insupportable due to discord or conflict between himself and his wife. On June 20, 2006, Lilia amended her original counter-petition for divorce, adding allegations of breach of fiduciary duty, actual fraud, alter ego, fraudulent transfer, and civil conspiracy against Raymundo, for his transfer of a 50 percent interest on Beltcon Construction, Inc., to his brother Julian Beltran.*fn1 In response, Julian filed a plea in intervention in the divorce, denying Lilia’s allegations and requesting a declaratory judgment stating that he owns 50 percent of Beltcon Construction, and that Raymundo created an express trust in 1986, holding 50 percent of the corporation stock for Julian’s benefit until 1999, when Julian received legal title.

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