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HERBERT v. HERBERT

No. C-4986.

754 S.W.2d 141 (1988)

Hansel Kay HERBERT, Petitioner, v. Dorothy HERBERT, Respondent.

Supreme Court of Texas.

May 25, 1988.

Attorney(s) appearing for the Case

Gayle E. Oler, Dallas, for petitioner.

Raymond D. Noah and Brenda B. Herrera, Raymond D. Noah & Associates, Richardson, Robert E. Hager and Roy L. Armstrong, Sallinger, Nichols, Jackson, Kirk & Dillard, Dallas, for respondent.

KILGARLIN, Justice.

Once more we confront the tension between the constitutionally guaranteed right of trial by jury and the constitutionally bestowed grant to courts of appeals that their decisions shall be conclusive on questions of fact. Dorothy Herbert sued her former husband, Hansel Kay Herbert, to collect one-half of his military retirement benefits pursuant to a property settlement agreement contained in their divorce decree. Hansel answered that Dorothy was...

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