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Total 5.4
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Number of Iters Sold: 1
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No, 14-03-00342-CV
IN THE
FOURTEENTH COURT OF APPEALS
HOUSTON, TEXAS
JAMES D. HARDIN, Appellant
vs.
CHARLOTTE L. HARDIN, Appellee
On Appeal from the 246th District Court
Harris County, Texas
Trial Court Cause No. 01-26400
APPELLANT’S MOTION FOR REHEARING
James D. Hardin
4906 Nina Lee Lane
Houston, Texas 77092
(713) 682-7747
In propria personaRed iel dRB
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INTRODUCTION
The 246" District Court in Harris County, Texas signed an Agreed Final Decree of
Divorce on October 3, 2001. Appellant, James D. Hardin, was ordered to pay $800
in child support per month. On November 29, 2001, Appellant filed a Petition to
Modify Child Support and Parent-Child Relationship due to his relocation to
Dallas, Texas and 27% decrease in salary. Appellant was denied all relief by an
order signed November 22, 2002. Appellant filed Findings of Fact and
Conclusions of Law on December 3, 2002, which were denied on January 14,
2003. Appellant filed Notice of Appeal with the trial court on January 23, 2003.
Appellant filed Appellant’s Original Brief on June 10, 2003 which states the clear
abuse of discretion from the trial court judgment, The Fourteenth Court of
Appeals issued an opinion on June 24, 2004 affirming the judgment of the trial
court. Appellant now files this Motion for Rehearing pursuant to Rule 49.1 of the
Texas Rules of Appellate Procedure seeking a rehearing of the Court’s June 24,
2004 Opinion and Judgment for the reasons set forth more fully below.
POINTS OF ERROR
I. The Fourteenth Court of Appeals erred in concluding that there was no
evidence to show a material and substantial change had occurred in
Appellant’s source of income when sufficient evidence was presented during
trial to support Appellant’s modification of child support according to Texas
Family Code Annotated 156.401(a\(1)B(2) (Vernon Supp. 2004).