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CourtListener opinion 1673135

Date unknown · US

Extracted case name
pending
Extracted reporter citation
202 S.W.3d 869
Docket / number
05-04-01374-CV
QDRO relevance 5/5Retirement relevance 5/5Family-law relevance 5/5gold label pending
Research-use warning: This page contains machine-draft public annotations generated from public opinion text. The headnote is not Willie-approved gold-label work product and is not legal advice. Verify the full opinion and current law before relying on it.

Machine-draft headnote

Machine-draft public headnote: CourtListener opinion 1673135 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to QDRO procedure / domestic relations order issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

Retrieval annotation

Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 5/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.

Category: QDRO procedure / domestic relations order issues

Evidence quotes

QDRO

of Texas, First District, Houston. Opinion issued August 28, 2006 Before Justices RICHTER, LANG, and MAZZANT. OPINION Opinion By Justice MAZZANT. Gloria Jean Mullins appeals the trial court's corrected final decree of divorce and second corrected qualified domestic relations order (QDRO), which awarded William Gerard Mullins a/k/a Kayo Mullins half of her retirement benefits. She also appeals the trial court's orders denying her motion to rescind the mediated settlement agreement, motion for new trial, motion for reconsideration, and motion to modify the corrected divorce decree and the first corrected QDRO. Ms. Mullins raises four

retirement benefits

NT. OPINION Opinion By Justice MAZZANT. Gloria Jean Mullins appeals the trial court's corrected final decree of divorce and second corrected qualified domestic relations order (QDRO), which awarded William Gerard Mullins a/k/a Kayo Mullins half of her retirement benefits. She also appeals the trial court's orders denying her motion to rescind the mediated settlement agreement, motion for new trial, motion for reconsideration, and motion to modify the corrected divorce decree and the first corrected QDRO. Ms. Mullins raises four issues on appeal: (1) the trial court had no jurisdiction to enter the second corrected QDRO;

domestic relations order

First District, Houston. Opinion issued August 28, 2006 Before Justices RICHTER, LANG, and MAZZANT. OPINION Opinion By Justice MAZZANT. Gloria Jean Mullins appeals the trial court's corrected final decree of divorce and second corrected qualified domestic relations order (QDRO), which awarded William Gerard Mullins a/k/a Kayo Mullins half of her retirement benefits. She also appeals the trial court's orders denying her motion to rescind the mediated settlement agreement, motion for new trial, motion for reconsideration, and motion to modify the corrected divorce decree and the first corrected QDRO. Ms. Mullins raises four

valuation/division

s counter petitioned for divorce on December 16, 2002. Each party submitted a sworn inventory and appraisement reflecting his or her assessment of their community and separate property. In Ms. Mullins's appraisement, she only listed her retirement benefits as community property. On August 11, 2003, Mr. Mullins and Ms. Mullins, with their counsel, participated in mediation. At mediation, they reached an agreement and signed a mediated settlement agreement which resolved all contested issues regarding their children, separate and community property, and debts. In the mediated settlement agreement, both parties transferred separate

Source and provenance

Source type
courtlistener_qdro_opinion_full_text
Permissions posture
public
Generated status
machine draft public v0
Review status
gold label pending
Jurisdiction metadata
US
Deterministic extraction
reporter: 202 S.W.3d 869 · docket: 05-04-01374-CV
Generated at
May 14, 2026

Related public corpus pages

Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.

Clean opinion text

202 S.W.3d 869 (2006) 
 GLORIA JEAN MULLINS, Appellant, 
v. 
WILLIAM GERARD MULLINS a/k/a KAYO MULLINS, Appellee. 
 No. 05-04-01374-CV. 
 Court of Appeals of Texas, First District, Houston. 
 Opinion issued August 28, 2006 
 Before Justices RICHTER, LANG, and MAZZANT. 
 
 OPINION 
 Opinion By Justice MAZZANT. 
 Gloria Jean Mullins appeals the trial court's corrected final decree of divorce and second corrected qualified domestic relations order (QDRO), which awarded William Gerard Mullins a/k/a Kayo Mullins half of her retirement benefits. She also appeals the trial court's orders denying her motion to rescind the mediated settlement agreement, motion for new trial, motion for reconsideration, and motion to modify the corrected divorce decree and the first corrected QDRO. 
 Ms. Mullins raises four issues on appeal: (1) the trial court had no jurisdiction to enter the second corrected QDRO; (2) the trial court erred when it entered the corrected divorce decree because it varies from the terms of the parties' mediated settlement agreement with regard to Ms. Mullins's post-divorce retirement benefits; (3) the trial court erred when it entered the corrected divorce decree because it varies from the terms of the parties' mediated settlement agreement with regard to Ms. Mullins's pre-marriage retirement benefits; and (4) the trial court erred when it denied Ms. Mullins's motion to rescind the mediated settlement agreement, motion for new trial, motion for reconsideration, and motion to modify the corrected divorce decree and the first corrected QDRO. Mr. Mullins seeks modification of the corrected divorce decree and second corrected QDRO to correct typographical errors. 
 We conclude the trial court did not have jurisdiction to enter the second corrected QDRO. However, we conclude the trial court did not err when it entered the corrected divorce decree and denied Ms. Mullins's motion to rescind the mediated settlement agreement, motion for new trial, motion for reconsideration, and motion to modify the corrected divorce decree and the first corrected QDRO. 
 
 FACTUAL AND PROCEDURAL BACKGROUND 
 Mr. Mullins and Ms. Mullins were married on August 31, 1985. Mr. Mullins petitioned for divorce on November 18, 2002, and Ms. Mullins counter petitioned for divorce on December 16, 2002. Each party submitted a sworn inventory and appraisement reflecting his or her assessment of their community and separate property. In Ms. Mullins's appraisement, she only listed her retirement benefits as community property. 
 On August 11, 2003, Mr. Mullins and Ms. Mullins, with their counsel, participated in mediation. At mediation, they reached an agreement and signed a mediated settlement agreement which resolved all contested issues regarding their children, separate and community property, and debts. In the mediated settlement agreement, both parties transferred separate and community property between themselves. Term number 5 in Schedule A of the mediated settlement agreement sets forth the parties' agreement with respect to Ms. Mullins's retirement benefits and states 
 5. [Ms. Mullins's] retirement account(s) shall be split 50/50 between the parties, with appropriate QDRO. 
 Mr. Mullins moved for the trial court to enter a final decree of divorce and QDRO. In response, Ms. Mullins filed a motion to rescind the mediated settlement agreement, claiming the agreement was erroneous due to a mutual mistake because it was not contemplated that Mr. Mullins would receive any portion of her retirement benefits earned outside of their marriage. In the alternative, she claimed the mediated settlement agreement was erroneous because there was no meeting of the minds. Also, Ms. Mullins objected to the entry of the QDRO. During the hearing on June 10, 2004, Ms. Mullins invoked her attorney/client privilege when questioned about the meaning of term number 5 in the mediated settlement agreement. However, the trial court admitted an email from the mediator to Ms. Mullins's attorney stating the mediator believed the mediated settlement agreement \could only have meant to split [Ms. Mullins's] retirement for the years of marriage