Texas Supreme Court

Jack Edward Milner, Petitioner v. Vicki Ann Milner, Respondent

March 9, 201255 Tex. Sup. Ct. J. 419

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment, holding that the mediated settlement agreement (MSA) is ambiguous and therefore the property division must be remanded for further proceedings. The Court explained that although the MSA satisfied the statutory formalities of Tex. Fam. Code §6.602, its language regarding the transfer of partnership interests is uncertain, requiring mediation under the agreement. The decision affirms the appellate court’s reversal of the trial court’s enforcement of the MSA and orders remand. Justice Johnson dissented, arguing the MSA is clear and should be enforced without remand.