Murlin v. Pearman

Jimmy Pearman, Jr. (Pearman) and Theresa Pearman (Theresa) filed for divorce in 2012. The decree dissolving the marriage was memorialized in 2013, however, the parties continued their litigation over matters of child custody and support of their two children. By 2014, Pearman was awarded exclusive custody of the children and Theresa was granted standard visitation. Pearman became involved with Theresa's roommate, "Tess," which appeared from court records to have been a tumultuous relationship. Incidents in the Spring of 2014 ended with allegations of assault lodged against Pearman, and a trial court hearing Tess's petition for a Protective Order/VPO. Theresa's attorney represented Tess, and most of the hearing concerned many text messages between Theresa and Tess regarding the VPO and their friendship and sex lives. Because of concerns about attorney-client privilege, the text messages were examined by both attorneys during a recess. Pearman's attorney used the text messages to establish the motive for filing VPO as merely an attempt to affect the ex-wife's child custody case. Tess' attorney advised his client to drop the VPO petition, and the trial court granted the subsequent motion to withdraw. When asked to determine the matter frivolous and award attorney fees and costs, the trial court, remarked that, while the whole matter was a soap opera, embarrassing, and absurd, the ex-husband did not show that it was frivolously filed. Consequently, the trial court refused to award attorney fees and costs. Pearman appealed the decision not to grant him fees and costs, arguing this matter was indeed frivolous. The Court of Civil Appeals affirmed the trial court, but the Supreme Court disagreed, held the matter was indeed frivolously filed and victimless, and that attorney fees and costs should have been awarded. View "Murlin v. Pearman" on Justia Law