Most of the appealable issues in a family law case are evaluated against an abuse of discretion standard, be it the issue of property division incident to divorce or partition, conservatorship, visitation, or child support.” Garcia v. Garcia, 170 S.W.3d 644, 648 (Tex.App.-El Paso 2005, no pet.). An abuse of discretion is not determined according to whether the reviewing court would have decided the issues in the same way as the trial court, but whether the trial court acted without reference to any guiding rules and principles. Id. at 649 (citing Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 242 (Tex.1985), cert. denied, 476 U.S. 1159, 106 S.Ct. 2279, 90 L.Ed.2d 721 (1986)). In other words, the appropriate inquiry is whether the ruling was arbitrary or unreasonable. Id. Chafino v. Chafino, 228 S.W.3d 467 (Tex. App. 2007).
As the reviewing court, we must presume that the trial court properly exercised its discretion, and we may not disturb the trial court’s property division unless it clearly abused its discretion. Stafford v. Stafford, 726 S.W.2d 14, 16 (Tex.1987); Bell v. Bell, 513 S.W.2d 20, 22 (Tex.1974). A court abuses its discretion when it acts without reference to any guiding rules or principles, in other words, when the act is arbitrary or unreasonable. Worford v. Stamper, 801 S.W.2d 108, 109 (Tex.1990). Under an abuse of discretion standard, legal and factual insufficiency are not independent, reversible grounds of error but are relevant factors in assessing whether the trial court abused its discretion. See Beaumont Bank, N.A. v. Buller, 806 S.W.2d 223, 226 (Tex.1991). Phillips v. Phillips, 75 S.W.3d 564 (Tex. App. 2002).
The trial court does not abuse its discretion, however, if there is some evidence of a substantive and probative character to support the decision or if reasonable minds could differ as to the result. In re Marriage of McFarland, 176 S.W.3d 650, 656 (Tex.App.-Texarkana 2005, no pet.); Amos v. Amos, 79 S.W.3d 747, 749 (Tex.App.-Corpus Christi 2002, no pet.). Diaz v. Diaz, 350 S.W.3d 251 (Tex. App. 2011). Under an abuse of discretion standard, we will not reverse the trial court’s judgment if the trial court reaches a correct result even for a wrong reason. Chenault v. Banks, 296 S.W.3d 186, 190 (Tex.App.-Houston [14th Dist.] 2009, no pet.); Luxenberg v. Marshall, 835 S.W.2d 136, 141–42 (Tex.App.-Dallas 1992, orig. proceeding). Diaz v. Diaz, 350 S.W.3d 251 (Tex. App. 2011).
When looking for an appellate attorney, ask them in your initial consult about abuses of discretion. If the attorney can discuss at length various abuses of discussion without missing a beat, he or she is likely a good candidate to read the transcript of your civil court hearing and look for abuses of discretion. At The Werner Law Group, WE LOVE DOING APPEALS! It is much like a puzzle, finding all the pieces and putting them together in an appellate brief, making sure not to miss any timelines, and hitting on the points of the civil judgment that are most appealable. If you need a passionate appellate attorney, text with Board Certified Civil Appellate attorney Leslie A. Werner today at 361-648-6888.