Preview
Filed: 10/9/2023 11:08 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 80377666
By: Donna Maloney
10/9/2023 4:09 PM
NO. 23-FD-0087
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
COUNTER-PETITIONER, LAURA DAWN § 306 JUDICIAL DISTRICT
NEAL §
AND §
COUNTER-RESPONDENT, MICHAEL § GALVESTON COUNTY, TEXAS
CORRIPIO
COUNTER-RESPONDENT, MICHAEL CORRIPIO'S OBJECTION TO STANDING,
PLEA TO THE JURISDICTION, AND MOTION TO DISMISS
Counter-Respondent, Michael Corripio, files this Objection to Standing, Plea to the
Jurisdiction, and Motion to Dismiss. The last three numbers of Counter-Respondent, Michael
Corripio's driver's license number are 850. The last three numbers of Counter-Respondent,
Michael Corripio's Social Security number are 829.
Introduction
Counter-Respondent, Michael Corripio did not agree to be married to Counter-Petitioner,
Laura Dawn Neal until September of 2018. Counter-Respondent, Michael Corripio proposed to
Counter-Petitioner, Laura Dawn Neal in August 2018 by giving her an engagement ring. After
Counter-Respondent, Michael Corripio and Counter-Petitioner, Laura Dawn Neal obtained
Common Law status by filing their Declaration and Registration of Common Law Marriage with
the Galveston County Clerk's office on or about September 5, 2018. Counter-Respondent,
Michael Corripio gave Counter-Petitioner a wedding band on that same day, and it was at that
point that the parties began to refer to each other as husband and wife.
Counter-Respondent, Michael Corripio and Counter-Petitioner, Laura Dawn Neal did not
present themselves as Husband and Wife prior to marrying in September 2018. This was a
frequent point of contention between the parties, Counter-Respondent, Michael Coni.pio did not
want to be married while Counter-Petitioner, Laura Dawn Neal did. Counter-Respondent,
Michael Corripio viewed marriage as a religious sacrament in the Catholic faith, rather than a
state-regulated recognition.
Counter-Respondent, Michael Corripio added Counter-Petitioner, Laura Dawn Neal to
his employer's health insurance and began filing taxes jointly as married, after marrying in
September of 2018.
Counter-Respondent, Michael Corripio and Counter-Petitioner, Laura Dawn Neal
purchased the marital residence located at 816 Davis Rd. League City, Texas 77563 in the year
2020. Counter-Respondent, Michael Corripio's name was on the Mortgage and both parties'
Plea to the Jurisdiction and Motion to Dismiss PAGE 1 OF4
names were on the Deed. The automobiles have always carried the liens in each parties'
individual name.
Lack ofStanding to File
A Counter-Petitioner, Laura Dawn Neal, must have standing to assert a claim that the
court has jurisdiction to consider. See Hunt v. Bass, 664 S.W.2d 323, 324 (Tex. 1984). Standing
requires that this Counter-Petitioner, Laura Dawn Neal show that she is a wife that is seeking a
divorce from a husband. Without standing, the court lacks jurisdiction to consider the CounterÂ
Petitioner, Laura Dawn Neal's claim for divorce. Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852
S.W.2d 440, 445 (Tex. 1993).
Counter-Petitioner, Laura Dawn Neal, does not have standing to file this suit. The
Counter-Respondent, Michael Corripio did not enter a marriage until September 5, 2018.
Counter-Petitioner, Laura Dawn Neal fails to meet the three prongs of a common law marriage
to establish a common law marriage ever existed before September 5, 2018.
Plea to the Jurisdiction
Counter-Respondent, Michael Corripio requests this Court to dismiss this action because
Texas lacks subject-matter jurisdiction in this action under the Texas Family Code.
The Court lacks subject-matter jurisdiction to consider any of the claims that the CounterÂ
Petitioner's First Amended Counter-Petition regarding a common law marriage prior to the
parties' legal marriage on September 5, 2018.
Motion to Dismiss
If the relevant evidence is undisputed or fails to raise a fact question on the jurisdictional
issue, the trial court must rule on the plea to the jurisdiction as a matter of law. Id. at 228;
Heinrich, 284 S.W.3d at 378. If a trial court lacks subject-matter jurisdiction, it has no discretion
and must dismiss the case. Hampton v. University of Tex. M.D. Anderson Cancer Ctr., 6 S.W.3d
627, 629 (Tex. App.-Houston [1st Dist.] 1999, reh'g overruled). A court must determine at its
earliest opportunity whether it has the authority to allow the litigation to proceed. Miranda, 133
S.W.3d at 226.
Conclusion And Prayer
For all of the foregoing reasons, this Court should grant Counter-Respondent, Michael
Corripio Plea to the Jurisdiction, thereby dismissing all of Counter-Petitioner, Laura Dawn
Neal's claim regarding a common law marriage existing prior to their actual marriage date of
September 5, 2018, with prejudice.
Plea to the Jurisdiction and Motion to Dismiss PAGE20F4
Attorney's Fees
It was necessary for Counter-Respondent, Michael Corripio to secure the services of
Juliann K. Karenko, a licensed attorney, to prepare and defend this case. Counter-Petitioner,
Laura Dawn Neal should be ordered to pay reasonable attorney's fees, expenses, and costs
through trial and appeal, and a judgment should be rendered in favor of this attorney and against
Counter-Petitioner, Laura Dawn Neal and be ordered paid directly to Counter-Respondent,
Michael Corripio's attorney, who n1ay enforce the judgment in the atto1ney's own name.
Counter-Respondent, Michael Corripio requests post-judgment interest as allowed by law.
Prayer
Counter-Respondent, Michael Corripio prays that the Court grant the relief requested in
the Plea to the Jurisdiction and dismiss this action in whole.
Counter-Respondent, Michael Corripio requests the Court to make a finding that no
marriage between Counter-Petitioner, Laura Dawn Neal and Counter-Respondent, Michael
Corripio ever existed prior to September 5, 2018.
Counter-Respondent, Michael Corripio prays for attorney's fees, expenses, costs, and
interest as requested above.
Counter-Respondent, Michael Corripio prays for general relief.
Respectfully submitted,
THE KARENKO LAW FIRM, PLLC
609 BRADFORD AVENUE
SUITE 207
KEMAH, TX 77565
.....,-r,•�'--'-'NKO
ArroRNE�1"': MICHAEL CORRIPIO
BAR No: 24058887
PHONE: (409) 330-6683
FAX: (832) 864-0217
EMAIL: JULIANN@KARENKOLA W .COM
Plea to the Jurisdiction and Motion to Dismiss PAGE30F4
NOTICE OF HEARING
The above and foregoing Defendant's Objection to Standing, Plea to the Jurisdiction, and
Motion to Dismiss is set for hearing on _______ at____� in the 306TH Judicial
District Court of Galveston County, Texas.
Certificate of Service
I certify that a true copy of this document was served in accordance with Rule 21 a of the
Texas Rules of Civil Procedure on the following on October 6, 2023.
David Romero
by electronic filing manager at DMR@ATTORNEYROMERO.COM
e o
Attorney for Michael Corripio
Plea to the Jurisdiction and Motion to Dismiss PAGE 4 OF 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Julie Oinonen on behalf of Juliann Karenko
Bar No. 24058887
joinonen@karenkolaw.com
Envelope ID: 80377666
Filing Code Description: Objection
Filing Description: Objection to Standing, Plea to the Jurisdiction, and
Motion to Dismiss
Status as of 10/9/2023 4:10 PM CST
Associated Case Party: LauraDawnNeal
Name BarNumber Email TimestampSubmitted Status
Paola N.Romero pnr@attorneyromero.com 10/9/2023 11:08:24 AM SENT
David M.Romero dmr@attorneyromero.com 10/9/2023 11:08:24 AM SENT
Associated Case Party: Michael Corripio
Name BarNumber Email TimestampSubmitted Status
Juliann K.Karenko juliann@karenkolaw.com 10/9/2023 11:08:24 AM SENT
Julie AnnOinonen joinonen@karenkolaw.com 10/9/2023 11:08:24 AM SENT
Elysse KathleenAlvarado elysse@karenkolaw.com 10/9/2023 11:08:24 AM SENT
Preview
Filed: 10/9/2023 11:08 AM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 80377666 By: Donna Maloney 10/9/2023 4:09 PM NO. 23-FD-0087 IN THE MATTER OF § IN THE DISTRICT COURT THE MARRIAGE OF § § COUNTER-PETITIONER, LAURA DAWN § 306 JUDICIAL DISTRICT NEAL § AND § COUNTER-RESPONDENT, MICHAEL § GALVESTON COUNTY, TEXAS CORRIPIO COUNTER-RESPONDENT, MICHAEL CORRIPIO'S OBJECTION TO STANDING, PLEA TO THE JURISDICTION, AND MOTION TO DISMISS Counter-Respondent, Michael Corripio, files this Objection to Standing, Plea to the Jurisdiction, and Motion to Dismiss. The last three numbers of Counter-Respondent, Michael Corripio's driver's license number are 850. The last three numbers of Counter-Respondent, Michael Corripio's Social Security number are 829. Introduction Counter-Respondent, Michael Corripio did not agree to be married to Counter-Petitioner, Laura Dawn Neal until September of 2018. Counter-Respondent, Michael Corripio proposed to Counter-Petitioner, Laura Dawn Neal in August 2018 by giving her an engagement ring. After Counter-Respondent, Michael Corripio and Counter-Petitioner, Laura Dawn Neal obtained Common Law status by filing their Declaration and Registration of Common Law Marriage with the Galveston County Clerk's office on or about September 5, 2018. Counter-Respondent, Michael Corripio gave Counter-Petitioner a wedding band on that same day, and it was at that point that the parties began to refer to each other as husband and wife. Counter-Respondent, Michael Corripio and Counter-Petitioner, Laura Dawn Neal did not present themselves as Husband and Wife prior to marrying in September 2018. This was a frequent point of contention between the parties, Counter-Respondent, Michael Coni.pio did not want to be married while Counter-Petitioner, Laura Dawn Neal did. Counter-Respondent, Michael Corripio viewed marriage as a religious sacrament in the Catholic faith, rather than a state-regulated recognition. Counter-Respondent, Michael Corripio added Counter-Petitioner, Laura Dawn Neal to his employer's health insurance and began filing taxes jointly as married, after marrying in September of 2018. Counter-Respondent, Michael Corripio and Counter-Petitioner, Laura Dawn Neal purchased the marital residence located at 816 Davis Rd. League City, Texas 77563 in the year 2020. Counter-Respondent, Michael Corripio's name was on the Mortgage and both parties' Plea to the Jurisdiction and Motion to Dismiss PAGE 1 OF4 names were on the Deed. The automobiles have always carried the liens in each parties' individual name. Lack ofStanding to File A Counter-Petitioner, Laura Dawn Neal, must have standing to assert a claim that the court has jurisdiction to consider. See Hunt v. Bass, 664 S.W.2d 323, 324 (Tex. 1984). Standing requires that this Counter-Petitioner, Laura Dawn Neal show that she is a wife that is seeking a divorce from a husband. Without standing, the court lacks jurisdiction to consider the Counter Petitioner, Laura Dawn Neal's claim for divorce. Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 445 (Tex. 1993). Counter-Petitioner, Laura Dawn Neal, does not have standing to file this suit. The Counter-Respondent, Michael Corripio did not enter a marriage until September 5, 2018. Counter-Petitioner, Laura Dawn Neal fails to meet the three prongs of a common law marriage to establish a common law marriage ever existed before September 5, 2018. Plea to the Jurisdiction Counter-Respondent, Michael Corripio requests this Court to dismiss this action because Texas lacks subject-matter jurisdiction in this action under the Texas Family Code. The Court lacks subject-matter jurisdiction to consider any of the claims that the Counter Petitioner's First Amended Counter-Petition regarding a common law marriage prior to the parties' legal marriage on September 5, 2018. Motion to Dismiss If the relevant evidence is undisputed or fails to raise a fact question on the jurisdictional issue, the trial court must rule on the plea to the jurisdiction as a matter of law. Id. at 228; Heinrich, 284 S.W.3d at 378. If a trial court lacks subject-matter jurisdiction, it has no discretion and must dismiss the case. Hampton v. University of Tex. M.D. Anderson Cancer Ctr., 6 S.W.3d 627, 629 (Tex. App.-Houston [1st Dist.] 1999, reh'g overruled). A court must determine at its earliest opportunity whether it has the authority to allow the litigation to proceed. Miranda, 133 S.W.3d at 226. Conclusion And Prayer For all of the foregoing reasons, this Court should grant Counter-Respondent, Michael Corripio Plea to the Jurisdiction, thereby dismissing all of Counter-Petitioner, Laura Dawn Neal's claim regarding a common law marriage existing prior to their actual marriage date of September 5, 2018, with prejudice. Plea to the Jurisdiction and Motion to Dismiss PAGE20F4 Attorney's Fees It was necessary for Counter-Respondent, Michael Corripio to secure the services of Juliann K. Karenko, a licensed attorney, to prepare and defend this case. Counter-Petitioner, Laura Dawn Neal should be ordered to pay reasonable attorney's fees, expenses, and costs through trial and appeal, and a judgment should be rendered in favor of this attorney and against Counter-Petitioner, Laura Dawn Neal and be ordered paid directly to Counter-Respondent, Michael Corripio's attorney, who n1ay enforce the judgment in the atto1ney's own name. Counter-Respondent, Michael Corripio requests post-judgment interest as allowed by law. Prayer Counter-Respondent, Michael Corripio prays that the Court grant the relief requested in the Plea to the Jurisdiction and dismiss this action in whole. Counter-Respondent, Michael Corripio requests the Court to make a finding that no marriage between Counter-Petitioner, Laura Dawn Neal and Counter-Respondent, Michael Corripio ever existed prior to September 5, 2018. Counter-Respondent, Michael Corripio prays for attorney's fees, expenses, costs, and interest as requested above. Counter-Respondent, Michael Corripio prays for general relief. Respectfully submitted, THE KARENKO LAW FIRM, PLLC 609 BRADFORD AVENUE SUITE 207 KEMAH, TX 77565 .....,-r,•�'--'-'NKO ArroRNE�1"': MICHAEL CORRIPIO BAR No: 24058887 PHONE: (409) 330-6683 FAX: (832) 864-0217 EMAIL: JULIANN@KARENKOLA W .COM Plea to the Jurisdiction and Motion to Dismiss PAGE30F4 NOTICE OF HEARING The above and foregoing Defendant's Objection to Standing, Plea to the Jurisdiction, and Motion to Dismiss is set for hearing on _______ at____� in the 306TH Judicial District Court of Galveston County, Texas. Certificate of Service I certify that a true copy of this document was served in accordance with Rule 21 a of the Texas Rules of Civil Procedure on the following on October 6, 2023. David Romero by electronic filing manager at DMR@ATTORNEYROMERO.COM e o Attorney for Michael Corripio Plea to the Jurisdiction and Motion to Dismiss PAGE 4 OF 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Julie Oinonen on behalf of Juliann Karenko Bar No. 24058887 joinonen@karenkolaw.com Envelope ID: 80377666 Filing Code Description: Objection Filing Description: Objection to Standing, Plea to the Jurisdiction, and Motion to Dismiss Status as of 10/9/2023 4:10 PM CST Associated Case Party: LauraDawnNeal Name BarNumber Email TimestampSubmitted Status Paola N.Romero pnr@attorneyromero.com 10/9/2023 11:08:24 AM SENT David M.Romero dmr@attorneyromero.com 10/9/2023 11:08:24 AM SENT Associated Case Party: Michael Corripio Name BarNumber Email TimestampSubmitted Status Juliann K.Karenko juliann@karenkolaw.com 10/9/2023 11:08:24 AM SENT Julie AnnOinonen joinonen@karenkolaw.com 10/9/2023 11:08:24 AM SENT Elysse KathleenAlvarado elysse@karenkolaw.com 10/9/2023 11:08:24 AM SENT