LAW.coLAW.co

Curtis Tyrone Williams v. Larmetrice Nunnally-Williams

2026-08-12

Authorities cited

Opinion

majority opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-25-00505-CV

Curtis Tyrone WILLIAMS,

Appellant

v.

Larmetrice NUNNALLY-WILLIAMS,

Appellees

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2015-CI-13598

Honorable Mary Lou Alvarez, Judge Presiding

Opinion by: Velia J. Meza, Justice

Sitting: Irene Rios, Justice

Lori I. Valenzuela, Justice

Velia J. Meza, Justice

Delivered and Filed: August 12, 2026

AFFIRMED

Appellant, Curtis Williams appeals the trial court award of $9,393.10 in favor of

Larmetrice Nunnally-Williams. On appeal, Williams asserts that the trial court lacked subjectmatter jurisdiction because it was barred by limitations pursuant to section 9.003(a) of the Texas

Family Code. Because we conclude that Williams failed to preserve this issue for appeal, we

affirm.

04-25-00505-CV

BACKGROUND 1

Williams and Nunnally were married on December 29, 2006, and ceased living together

on June 21, 2015. On August 18, 2015, Nunnally filed her original petition for divorce. The trial

court signed the final decree of divorce on June 21, 2017. As part of the decree, Nunnally was

awarded:

[A] portion of Curtis T. Williams’s sums, whether matured or unmatured, accrued

or unaccrued, vested or otherwise, together with all increases thereof, the proceeds

therefrom, and any other rights related to any profit-sharing plan, thrift-saving plan,

retirement plan Keogh plan, pension plan, employee stock option plan, 401 (k) plan,

employee saving plan, accrued unpaid bonuses, disability plan, or other benefits

existing by reason of Curtis T. Williams’s employment United States’ Army. As of

March 19, 2017 that portion being Eight Thousand Four Hundred Seventy dollars

and Fifty-Seven cents ($8,470.57) of the related benefits earned during the

marriage.

Subsequently, on October 19, 2023, the trial court signed a “Retirement Benefits Court Order,”

recognizing Nunnally’s right to $8,470.57—including earnings and losses—from Williams’s

Uniformed Services Thrift Savings Plan (TSP) account.

On October 25, 2023, Nunnally received a letter from Williams’s TSP stating that although

she was entitled to $9,459.26 of Williams’s vested account balance, only $512.87 was transferred

to an account established in her name. As a result, on August 21, 2024—seven years after the final

decree of divorce was signed—Nunnally filed an original petition for enforcement of constructive

trust and breach of fiduciary duty against Williams. In her petition, Nunnally alleged that (1)

Williams withdrew and received the $8,946.39 from his TSP, (2) the funds were the subject of a

constructive trust for her benefit pursuant to section 9.011(b) of the Texas Family Code, and (3)

Williams’s failure to deliver the funds constituted a breach of his fiduciary obligation.

1

Because the reporter’s record in this case only consists of two non-evidentiary proceedings, our factual background is based on the clerk’s record.

-2-04-25-00505-CV

In response, Williams filed a plea to the jurisdiction, arguing that Nunnally’s suit was

barred by section 9.003(a)’s two-year statute of limitations.2 After hearing Williams’s motion—

which consisted only of argument by counsel—the trial court denied Williams’s plea to the

jurisdiction and signed an order to that effect on December 26, 2024. The trial on the merits was

subsequently set for April 21, 2025.

At the trial setting, counsel for the parties announced that they reached an agreement and

would enter a judgment awarding Nunnally $8,946.39, plus $446.71 in interest, totaling $9,393.10.

In exchange, Williams would retain his right to appeal the order denying his plea to the jurisdiction.

The trial court signed a final judgment on May 7, 2025. This appeal followed.

DISCUSSION

Williams asserts that because Nunnally’s petition was filed after the two-year statute of

limitations provided by section 9.003(a) of the Texas Family Code, the trial court lacked subjectmatter jurisdiction and abused its discretion as a matter of law by signing the final judgment. We

disagree.

As an initial matter, we address Williams’s characterization of section 9.003 as

jurisdictional. “Subject-matter jurisdiction refers to a court’s statutory or constitutional power to

adjudicate a case.” In re Guardianship of Fairley, 650 S.W.3d 372, 379 (Tex. 2022). A statute of

limitations, on the other hand, does not ordinarily implicate jurisdiction. See Tex. State Univ. v.

Tanner, 689 S.W.3d 292, 302 (Tex. 2024) (distinguishing the effect limitations has on subjectmatter jurisdiction in ordinary litigation versus litigation involving the government). Instead,

limitations is an affirmative defense which the defendant “bears the initial burden to plead, prove,

2

Williams also filed an answer to Nunnally’s petition generally denying the allegations therein. Williams did not plead the affirmative defense of limitations in his answer.

-3-04-25-00505-CV

and secure findings to sustain its plea of limitations.” Woods v. William M. Mercer, Inc., 769

S.W.2d 515, 517 (Tex. 1988).

Williams points to no language in the statute conditioning the trial court’s power to act in

compliance with the limitations period. Cf. Tex. Disposal Sys. Landfill, Inc. v. Travis Cent.

Appraisal Dist., 694 S.W.3d 752, 759 (Tex. 2024) (noting that Texas courts have “embraced the

modern trend of declining to read statutory mandates to be jurisdictional . . . absent clear indication

that failure to comply . . . deprives a court of the power to decide the claim”). We discern nothing

in section 9.003 that clearly states it is jurisdictional in nature. See In re K.N., --- S.W.3d ----, No.

24-0881, 2026 WL 1614378, at *5 (Tex. June 5, 2026) (describing “clear-statement rule”). We

thus conclude section 9.003 is a limitations provision, not a jurisdictional bar. The trial court

retained subject-matter jurisdiction over Nunnally’s petition regardless of when it was filed.

Because the proper avenue for raising a pretrial challenge based upon a statute of limitations is

through a motion for summary judgment—rather than a plea to the jurisdiction—we construe

Williams’s motion as one seeking summary judgment. See Villarreal v. Ramirez, 685 S.W.3d 868,

884 (Tex. App.—San Antonio 2024, no pet.) (holding that res judicata defense could not “properly

be considered in a plea to the jurisdiction,” and should instead “be raised through a motion for

summary judgment or proven at trial”) (citation modified); see also TEX. R. CIV. P. 71 (stating that

if a party mistakenly designates a plea, “the court, if justice so requires, shall treat the plea . . . as

if it had been properly designated”).

Generally, we do not have jurisdiction to review the denial of a motion for summary

judgment on appeal. Cullum v. White, 399 S.W.3d 173, 188 (Tex. App.—San Antonio 2011, pet.

denied). Moreover, denial of a motion for summary judgment does not preserve the issues raised

-4-04-25-00505-CV

therein for appeal. Petroleum Workers Union of the Republic of Mex. v. Gomez, 503 S.W.3d 9, 24

n.22 (Tex. App.—Houston [14th Dist.] 2016, no pet.).

However, even if we assume Williams preserved this issue for our review, a defendant

moving for summary judgment on an affirmative defense bears the burden of conclusively proving

every element of their affirmative defense as a matter of law. Nowak v. DAS Inv. Corp., 110 S.W.3d

677, 680–81 (Tex. App.—Houston [14th Dist.] 2003, no pet.). Williams’s motion argues that

Nunnally’s petition is barred by section 9.003(a)’s two-year statute of limitations. However,

section 9.003(a) applies to suits seeking to enforce the division of tangible personal property in

existence at the time of the decree or divorce. TEX. FAM. CODE § 9.003(a). Although the final

divorce decree provides a starting date for the two-year limitations period, Williams failed to

conclusively establish whether Nunnally’s suit involved tangible personal property in existence at

the time the divorce decree was signed. Furthermore, Williams failed to establish whether section

9.003(a)’s limitation period applied against Nunnally’s breach of fiduciary duty action. Williams

thus failed to conclusively show section 9.003 barred Nunnally’s petition. See Nowak, 110 S.W.3d

at 680–81. We overrule Williams’s sole issue on appeal.

CONCLUSION

We affirm the trial court’s judgment.

Velia J. Meza, Justice

-5-