Nix v. Nix

*66OPINION ON MOTION FOR REHEARING

In her motion for rehearing, appellee points out that we failed to rule on the cross-point presented in her original brief. This cross-point complained of the trial court’s overruling of her motion for judgment n.o.v., which contended that, as a matter of law, the property settlement agreement established the amount appellee should have received from appellant’s retirement.

Our holding on point of error number one requires the denial of appellee’s cross-point; since the trial court had no jurisdiction to hear the case, any error in failing to grant a motion during trial would be harmless. Appellee's other points on rehearing are covered in our original opinion.

In addition to appellee’s motion for rehearing, the judge of the trial court has submitted a letter to the Court stating that his retention of jurisdiction was based on the language of Tex.Gov’t Code Ann. § 25.0002 which defines “family law cases and proceeding” as including “divorce and marriage annulment, including adjustment of property rights ... and every other matter incident to divorce or annulment proceedings .... ” While we agree that the contract in this case was entered into as an incident to divorce, the suit for damages resulting in the alleged breach of the same is completely independent of the divorce and not incident to the divorce proceedings. Buck v. Rogers, 709 S.W.2d 283 (Tex.App.—Corpus Christi 1986, no writ).

The motion for rehearing is overruled.

UTTER, J., not participating.