Texas Supreme Court

Patsy Sue Segrest, Petitioner v. Claude Harvey Segrest, Jr., Respondent

April 13, 198326 Tex. Sup. Ct. J. 333

Summary

The Texas Supreme Court held that a declaratory‑judgment suit cannot be used to collaterally attack the final 1974 divorce decree dividing military retirement benefits because the decree is subject to res judicata, and that the Supreme Court's McCarty decision is not retroactive, rendering the decree voidable rather than void; the Court reversed the lower judgments, dismissed the husband’s suit, and remanded the wife’s counterclaim for enforcement.