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eBook details

• Title: Carl Davis Beavers v. Elizabeth Hurst Beavers
• Author : Fifth District, Dallas Court of Appeals of Texas
• Release Date : January 17, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

ROWE, Justice. In this divorce case, Mr. Beavers complains that the property division made by the court sitting without a jury is not just and right as required by TEX. FAM. CODE ANN. § 3.63 (Vernon Supp. 1984). Mr. Beavers contends that the trial judge abused his discretion: (1) by offsetting reimbursement claims held by the community against each spouses separate estate; (2) by mischaracterizing real property acquired from Mrs. Beavers mother, (3) by over-valuing restricted stock held by the community in Great West Energy, Inc., and (4) by failing to grant him reasonable terms for payment of the money judgment awarded Mrs. Beavers in lieu of a direct allocation of community assets to her. Mr. Beavers also assigns as error the late filing of supplemental findings of fact and conclusions of law and the trial courts award of attorneys fees against him in the event of his default on payments due Mrs. Beavers under the money judgment. For reasons given below, we find no abuse of discretion by the trial judge in the property division. While the last two mentioned assignments do concern patent errors by the trial judge, the first is harmless and the second can be remedied without retrial. Accordingly, we reform the judgment to eliminate the complained of award of attorneys fees, and as so reformed we affirm.

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