Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ronald C. Toler v. Vicky Lynn Sanders, F/K/A Vicky Toler

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

After eleven years of marriage, Ronald C. Toler (Ron) and Vicky Lynn Sanders (Vicky) began divorce proceedings. They decided to resolve any conflicts relating to their division of community property with a mediator’s assistance and entered into a mediated settlement agreement (MSA). See TEX. FAM. CODE ANN. § 6.602 (West 2006). After signing the MSA, however, Ron claimed that the writing did not reflect the parties’ agreed division of the retirement benefits earned during the marriage. Ron fought to have the MSA set aside and to have the issue returned to the mediator, but the trial court entered judgment on the MSA and denied Ron’s motion for new trial. In his appeal, Ron contends that the trial court erred in doing so because the MSA provision apportioning the retirement benefits contains an ambiguity and a mutual or unilateral mistake renders the provision unenforceable as written. Ron also contends that the trial court abused its discretion in awarding Vicky her attorney’s fees for defending the MSA’s enforcement in the post-judgment proceedings. Finding no error, we affirm.

Background

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
General Counsel Conference East 2024
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
Go to Events Go to Webcasts
Civil Litigation Attorney

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›
Litigation Attorney II/III/IV

The County Counsel's Office is recruiting for a Litigation Attorney. These positions provide legal advice, assistance and representation in ...


Apply Now ›
Employee Benefits Attorney

Harter Secrest & Emery LLP is seeking a mid- to senior-level Employee Benefits attorney for the firm s Rochester, Buffalo or Albany offi...


Apply Now ›
Go to Lawjobs