LeAnne Nicole Wells v. Douglas Gibson Wells

Affirmed and Memorandum Opinion filed August 19, 2010.

In The

Fourteenth Court of Appeals

NO. 14-09-00811-CV

LeAnne Nicole Wells, Appellant

v.

Douglas Gibson Wells, Appellee

On Appeal from the 328th District Court

Fort Bend County, Texas

Trial Court Cause No. 09-DCV-169191

MEMORANDUM OPINION

In her sole issue on appeal, appellant Leanne Nicole Wells asserts that the trial court erred in ruling that her appeal of an associate judge’s entry of the final divorce decree to the referring court was untimely.  However, the record reflects that appellant waived her right of appeal to the referring court in writing at the June 18, 2009 hearing before the associate judge.  See Tex. Fam. Code Ann. § 201.015(g) (Vernon Supp. 2009) (“Before the start of a hearing by an associate judge, the parties may waive the right of a de novo hearing before the referring court in writing or on the record.”).  Specifically, appellant signed an agreed order before the associate judge that states, “I hereby waive any right of appeal to the referring court pursuant to Section 201.015(g) Texas Family Code.”  Moreover, this agreed order reflects that the nature of the proceeding was a “Final Decree of Divorce.”  The associate judge signed the order, noting that the divorce decree would be entered on July 15, 2009.  An associate judge “may sign a final order that includes a waiver of the right of appeal pursuant to Section 201.015.”  Id. § 201.007(a)16) (Vernon 2008).

Under these circumstances, we conclude that appellant waived her right to appeal the associate judge’s order to the referring court. We therefore overrule her sole appellate issue and affirm the trial court’s judgment.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Yates and Boyce.