IN THE
TENTH COURT OF APPEALS
No. 10-05-00290-CV
IN THE MATTER OF THE MARRIAGE OF
Michael Eilers AND Patricia Eilers
and In the Interest of L.S.E.,
R.W.E. and J.M.M., Children
From the 82nd District Court
Robertson County, Texas
Trial Court No. 04-11-D-9978-DV
concurring and dissenting Opinion
Someday, but apparently not today, we will quit re-lawyering cases for the parties. Michael’s first issue does not seek reformation to reflect the child support as contractual support rather than that which can be ordered for a legally recognized child of the payee of child support. I try to avoid deciding issues the parties have not presented or granting relief not requested. Thus, I concur in much of the opinion and judgment of the Court, but not the portion in which the Court goes off on its detour, reforming the judgment in a manner not presented to us for disposition, nor asked for as relief and, therefore, must dissent from those portions.
TOM GRAY
Chief Justice
Concurring and dissenting opinion delivered and filed August 30, 2006