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Pribyl v. Pribyl

Appellant?s breach of contract claim in this case is an attempt to re-allocate marital property that has already been divided and awarded pursuant to a final divorce decree, and is an impermissible collateral attack on the divorce decree. Therefore, her breach of contract claim is barred by res judicata. Austin Court of Appeals, No. 03-09-00009-CV, 03-11-2010

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OPINION

Appellee Kathleen Rae Pribyl filed suit in district court against her ex-husband, appellant Brian Mark Pribyl, asserting a breach of contract claim. She filed this claim post-judgment in the same cause number as the parties’ previous and final divorce. Kathleen alleged that Brian breached a collaborative law agreement they had entered into during the course of their divorce proceedings. The matter was tried to the bench, and the district court entered judgment in favor of Kathleen. We hold that Kathleen’s breach of contract claim in this case is an attempt to re-allocate marital property that has already been divided and awarded pursuant to a final divorce decree, and is an impermissible collateral attack on the divorce decree. Therefore, her breach of contract claim is barred by res judicata. We reverse and render.

On January 7, 2004, Brian Pribyl filed suit in the 353rd Judicial District Court for divorce from his wife Kathleen. On January 21, 2004, the Pribyls and their attorneys executed a Collaborative Law Participation Agreement. See Tex. Fam. Code Ann. § 6.603 (West 2006). The collaborative law agreement provided, in relevant part, as follows:

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