In re Frost (Published Memo): The Tyler court reinstates a trial attorney who had been disqualified by the trial court. In a heated divorce case, the husband thought the wife was lying about documents that she said had been “destroyed” before the divorce was filed. The husband was sure those documents still existed, and were in the marital residence his wife was now occupying. There were no temporary orders concerning the residence. Husband and his attorney considered that house fair game. So, when the wife was out of town, the husband, his attorney and his attorney’s assistant went in. They videotaped and photographed as they went. They found “destroyed” documents.
The husband moved for sanctions over the wife’s lying. In response, the wife moved to disqualify the husband’s attorney. The wife contended that the attorney’s presence in the house made him a “material witness.” The trial court agreed and disqualified. The husband challenged that ruling via mandamus.Continue Reading…
