Texas Court Applies Invited Error Doctrine to Mid-Trial Withdrawal of Counsel in Divorce Appeal

In the Matter of the Marriage of Njipwo, 07-25-00008-CV, March 18, 2026.

On appeal from the County Court at Law No. 3, Williamson County, Texas.

Synopsis

The Amarillo Court of Appeals (sitting for the Austin Court via transfer) affirmed a final decree of divorce, holding that the doctrine of invited error precludes a party from challenging a trial court’s decision to allow counsel to withdraw mid-trial when the party explicitly requested the withdrawal on the record. Additionally, the court held that a party waives any objection to unsworn statements by counsel regarding property valuation when they fail to object to the procedure and proceed on an agreed factual basis at trial.

Relevance to Family Law

For the Texas family law practitioner, Njipwo serves as a critical reminder of the “invited error” trap and the finality of mid-trial procedural concessions. Litigators often face volatile clients who, mid-stream, believe they can better advocate for themselves—particularly when the court’s rulings on choice of law or property characterization begin to sour. This opinion confirms that once a client affirmatively requests to proceed pro se and signs a consent order, the trial court’s “abuse of discretion” door effectively slams shut for purposes of appeal. Furthermore, the case underscores the danger of “acquiescence by spreadsheet.” If you allow the court to rely on unsworn attorney statements or schedules to value the marital estate without a timely objection, you cannot later challenge the sufficiency of the evidence on appeal.

Case Summary

Fact Summary

The parties, originally from Cameroon, were married for over twenty years before the Appellee filed for divorce in Williamson County. While the parties reached an agreement regarding their two children, the division of the marital estate proceeded to a bench trial. At trial, the parties initially appeared to agree on the existence and value of the community assets, using a spreadsheet provided by Appellee’s counsel as a guide.

However, tension arose when Appellant’s counsel informed the court that her client insisted Cameroon law should govern the property division. The trial court summarily rejected this position. Following an off-the-record discussion, Appellant’s counsel asked her client twice, on the record, if he wanted her to withdraw. Appellant answered affirmatively, stating he needed to be able to speak for himself. At the court’s direction, counsel handwrote a withdrawal order, which Appellant signed. The trial proceeded with Appellant appearing pro se. The court ultimately awarded a significant owelty lien to the Appellee to equalize the estate. Appellant subsequently appealed, alleging the court abused its discretion by allowing the withdrawal and by dividing the estate based on “unsworn” statements rather than formal evidence.

Issues Decided

1. Whether a trial court abuses its discretion by permitting counsel to withdraw mid-trial when the client affirmatively requests the withdrawal and signs a consent order.
2. Whether unsworn statements by counsel regarding property values constitute sufficient evidence to support a “just and right” division when no objection is raised at trial.

Rules Applied

• Invited Error Doctrine: A party cannot request a specific ruling from the trial court and then complain of that same ruling on appeal. Int. of G.X.H., 627 S.W.3d 288, 301 (Tex. 2021).
• Texas Rule of Civil Procedure 10: While this rule governs the technical requirements for an attorney’s motion to withdraw, it does not override the client’s right to discharge counsel or the consequences of inviting such a withdrawal.
• Waiver of Oath: While unsworn statements generally are not evidence, the requirement of an oath is waived if a party fails to object when the court and counsel proceed on an agreed factual basis. Banda v. Garcia, 955 S.W.2d 270, 272 (Tex. 1997).
• Just and Right Division: Under Texas Family Code § 7.001, the trial court has broad discretion in dividing the estate, and an appellant must show that any valuation error had more than a de minimis effect on the overall equity of the division.

Application

In addressing the withdrawal of counsel, the Court of Appeals noted that Appellant’s briefing focused heavily on the technical requirements of Rule 10. However, the court found those requirements secondary to the fact that the withdrawal was initiated by the Appellant’s own request. The record was clear: Appellant was asked directly if he wanted his attorney to leave, he answered “Yes,” and he signed the order. Under the invited error doctrine, the court refused to entertain a complaint about a result the Appellant explicitly sought.

Regarding the property division, the Appellant argued that the trial court’s reliance on unsworn spreadsheets and attorney colloquy meant there was “no evidence” of the estate’s value. The court rejected this, noting that both trial counsel had used the Appellee’s spreadsheet without objection. By failing to object to the unsworn nature of the presentations at the time they were made, the Appellant waived the right to complain on appeal. Furthermore, the court highlighted a strategic failure in the appeal: the Appellant failed to identify any specific assets that were actually misvalued or mischaracterized. Without demonstrating that the “just and right” division was substantively unfair, a general procedural complaint about the form of the evidence cannot succeed.

Holding

The Court of Appeals affirmed the trial court’s judgment on both counts.

On the first issue, the court held that the doctrine of invited error applies with full force to mid-trial withdrawals. When a party requests on the record that their attorney be excused and signs a consent order to that effect, they are barred from later asserting that the trial court abused its discretion in granting that request.

On the second issue, the court held that the trial court did not abuse its broad discretion in the division of the marital estate. Because the parties proceeded on an agreed factual basis using a property spreadsheet without objection, the lack of sworn testimony was waived. Additionally, the court found that any alleged error was harmless because the Appellant failed to show that the division was substantively unjust.

Practical Application

• Record Preservation: If a client attempts to fire you mid-trial, ensure the colloquy is exhaustive. The court in Njipwo relied heavily on the fact that counsel asked the client twice on the record if they wanted the withdrawal.
• The “Consent Order” Strategy: The trial court’s instruction for counsel to handwrite an order and have the client sign it immediately was a masterclass in trial preservation. It converted a potentially messy Rule 10 issue into a clear-cut case of invited error.
• Spreadsheets as Stipulations: In many Texas counties, “trial by spreadsheet” is the norm. If you intend to challenge the values on an opponent’s inventory or spreadsheet, you must object to their use as evidence if they are not supported by sworn testimony, or better yet, offer your own sworn evidence to create a fact issue.

Checklists

Managing Mid-Trial Client Discharge

• Confirm the discharge on the record in open court.
• Ask the client specifically: “Is it your desire that I no longer represent you in this matter?”
• Ask the client: “Do you understand that the trial will proceed today and you will be representing yourself?”
• Obtain a signed, handwritten order of withdrawal/substitution signed by the client before leaving the courtroom.
• Ensure the court makes a finding that the withdrawal is not sought for delay.

Evidentiary Use of Property Summaries

• Verify if the court is treating the spreadsheet as a guide or as admitted evidence.
• Object to any unsworn summaries if there is a dispute regarding value or character.
• If proceeding on an agreed basis, stipulate on the record that the values in the spreadsheet are “agreed for all purposes.”
• Ensure the final decree matches the values used in the trial colloquy to avoid “just and right” challenges.

Avoiding Invited Error on Appeal

• Avoid requesting “alternative” relief that you do not actually want.
• If the court offers a choice (e.g., “Either she’s your lawyer or she withdraws”), ensure the client understands that choosing one path waives the right to complain about the loss of the other.
• If a client forces a procedural move against your advice, state clearly on the record (sotto voce if necessary) that the move is at the client’s insistence.

Citation

In the Matter of the Marriage of Njipwo, __ S.W.3d __ (Tex. App.—Amarillo 2026, no pet.) (No. 07-25-00008-CV).

Full Opinion

Link to Full Opinion

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