Fourteenth Court of Appeals Affirms Dismissal of Collateral Attacks on Final Divorce Decrees During QDRO Proceedings

DePriest v. DePriest, 14-24-00556-CV, March 19, 2026.

On appeal from the 328th District Court of Fort Bend County

Synopsis

The Fourteenth Court of Appeals affirmed the dismissal of collateral counterclaims filed during post-decree QDRO proceedings, holding that the trial court lacked jurisdiction to “undo” a final divorce decree previously affirmed on appeal. The court further determined that the appellant waived due process complaints regarding Rule 245 notice by pleading her claims as “intertwined” with the live QDRO issues and failing to lodge a timely objection.

Relevance to Family Law

For the Texas family law practitioner, this case reinforces the absolute finality of property divisions once appellate remedies are exhausted. It serves as a vital precedent for dismissing “procedural creep,” where a party attempts to attach tort or contract claims to a post-decree enforcement action. Furthermore, it highlights the danger of the “invited error” doctrine when a party characterizes collateral claims as being related to the narrow issues of a QDRO entry hearing.

Case Summary

Fact Summary

Following the affirmance of their 2019 divorce decree by the court of appeals and the denial of review by the Texas Supreme Court, Sidney DePriest sought to enter amended Qualified Domestic Relations Orders (QDROs) because the plan administrators had rejected the original versions. Kacey DePriest, appearing pro se, filed a series of “Civil Claims” styled as motions to enforce and petitions for breach of contract and fraud. She sought to vacate a prior protective order and modify the original property award based on alleged “new evidence” of Sidney’s misconduct and Rule 11 violations. At the hearing for the entry of the QDROs, the trial court dismissed Kacey’s collateral claims with prejudice, stating it lacked the authority to relitigate a final judgment that had already been upheld by higher courts.

Issues Decided

1. Whether the trial court violated the appellant’s due process rights by dismissing her counterclaims without the 45-day trial notice required by Texas Rule of Civil Procedure 245.
2. Whether the trial court possessed subject-matter jurisdiction to adjudicate claims seeking to modify or vacate a final divorce decree after the expiration of its plenary power and appellate affirmance.
3. Whether unsworn testimony from counsel, lacking billing records, is sufficient to support a judgment for attorney’s fees under the lodestar method.

Rules Applied

• Invited Error Doctrine: A party is prevented from complaining on appeal that the trial court took a specific action that the complaining party requested or induced.
• Texas Rule of Civil Procedure 245: Mandates at least 45 days’ notice for a first trial setting; however, a party must timely and specifically object to the lack of notice to preserve the error for appellate review.
• Finality of Judgments: A trial court lacks the authority to “undo” or substantively alter a property division in a final divorce decree once it has been affirmed on appeal.
• Attorney’s Fee Evidence (Rohrmoos): To support a fee award, evidence must be sufficiently specific regarding the tasks performed and the reasonableness of the hours expended, typically requiring more than generalized unsworn testimony.

Application

The court’s analysis centered on the appellant’s own characterization of her claims. In her pleadings, Kacey asserted that her “Civil Claims” regarding fraud and breach of contract “specifically touch the assets in this suit” and were necessary to prevent a “waste of the Court’s time.” By arguing that these claims were “intertwined” with the QDRO entry, the court found she had invited the trial court to consider and dispose of them during the scheduled trial.

On the issue of notice, the court observed that while Rule 245 notice is a fundamental right, the appellant appeared at trial, cross-examined the appellee, and presented evidence without ever objecting to the lack of notice or filing a post-trial motion. Consequently, any due process complaint was waived. Substantively, the court emphasized that the 2019 decree was a final judgment. Because the trial court’s plenary power had long expired and the decree had been affirmed by the Fourteenth Court of Appeals, the trial court correctly determined it lacked subject-matter jurisdiction to entertain what amounted to a collateral attack on a final property division.

Holding

The court affirmed the dismissal of the counterclaims. It held that the trial court properly exercised its duty to maintain the finality of judgments, as it lacked the jurisdiction to grant relief that would modify a decree previously affirmed on appeal. The court also held that the appellant failed to preserve any error regarding notice under Rule 245.

Regarding the attorney’s fees, the court reversed and remanded. It held that the counsel’s unsworn testimony—which provided only a global fee amount and a brief mention of travel time—lacked the specificity required to prove that the fees were reasonable and necessary under the prevailing lodestar standards.

Practical Application

This opinion is a powerful tool for responding to “pro se persistence” in post-decree litigation. When an opponent attempts to revive pre-decree disputes during a QDRO or enforcement proceeding, practitioners should immediately move for dismissal based on a lack of subject-matter jurisdiction. If the opponent argues that their new claims are “intertwined” with the pending enforcement, they are effectively waiving notice complaints under the invited error doctrine.

Checklists

Defending Against Collateral Attacks in QDRO Proceedings

• Verify the date of the final decree and the date the mandate issued from the appellate court.
• Identify if the new “Civil Claims” seek to change the division of assets rather than merely correcting the “form” of the QDRO.
• Move for dismissal for lack of jurisdiction immediately upon the filing of any counterclaim that seeks to “undo” the decree.
• Use the “Invited Error” argument if the opponent claims their tort/contract issues must be heard alongside the QDRO entry.

Preserving Notice Errors for Appeal

• Check the trial docket for a formal Rule 245 notice of at least 45 days.
• If a setting is insufficient, file a written objection and a motion for continuance before the trial begins.
• If the court proceeds, ensure the record reflects a specific objection to the lack of Rule 245 notice.
• If notice was deficient and the party did not appear or was surprised, file a Motion for New Trial specifically identifying the Rule 245 violation.

Substantiating Attorney’s Fees in Post-Decree Lit

• Ensure the attorney’s CV is admitted into evidence to establish qualifications.
• Admit billing records (redacted for privilege) as an exhibit.
• Testify specifically regarding the “reasonable and necessary” nature of the work, breaking down hours by task (e.g., “6 hours responding to groundless counterclaims,” “2 hours researching jurisdictional finality”).
• Explicitly address the hourly rate and its consistency with local standards for practitioners of similar experience.

Citation

DePriest v. DePriest, No. 14-24-00556-CV (Tex. App.—Houston [14th Dist.] Mar. 19, 2026, no pet. h.) (mem. op.).

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