Dennis Wayne Glenn v. Patty Ann Glenn

Court of Appeals of Texas·Decided August 24, 2022·No. 08-21-00059-CV·Published

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DENNIS WAYNE GLENN, § No. 08-21-00059-CV

Appellant, §

Appeal from the

v. § 112th Judicial District Court PATTY ANN GLENN, § of Upton County, Texas

Appellee. §

(TC#17-11-U-4576-DIV)

§

OPINION

Appellant, Dennis Wayne Glenn, (Glenn) appeals the trial court’s division of the marital estate between him and Appellee, Patty Ann Glenn, now Patty Ann Dollar, (Dollar) upon divorce. Glenn argues the court arbitrarily: (1) assigned values to three marital assets; and (2) divided those assets; which resulted in an unjust division wherein the court awarded Dollar significantly more than half of the marital estate. We affirm.

BACKGROUND

Glenn and Dollar were married in 2006. The couple separated in July 2017, and Dollar filed for divorce in November 2017 on the ground that the marriage had become insupportable. Dollar asked for a disproportionate share of the parties’ estate based on fault in the breakup of the marriage and several other factors.

No children were born of the marriage, although Dollar had a son who was severely disabled and bedridden. During the marriage, Dollar cared for her son as a paid, full-time HTS worker until his death in 2013. Glenn worked outside the home. In 2012, during the marriage, Glenn and his son started BNT, L.L.C. (BNT)—a weed control business—where Dollar worked as the BNT bookkeeper for a period of time. Dollar also worked as a seasonal employee of H&R Block for a couple of years after her son’s passing.

During the course of their marriage, BNT acquired several vehicles and land lots, and the couple amassed three vehicles, real estate, burial lots, retirement accounts, and various possessions. Those assets included the two houses at issue on appeal; namely, a house in McCamey, Texas (the McCamey house) and a house by Red Bluff Lake (the Lakehouse).

Upon separation, temporary orders required Glenn to pay the credit card bills, retain Dollar on his health insurance, deposit sufficient funds into their joint bank account for her reasonable living expenses and medical care. Further he was to maintain utility services at the marital residence and not keep Dollar from use and enjoyment of it, not spend funds from their joint bank account other than for his reasonable living expenses and medical care, and engage only in reasonable and necessary acts to conduct their business and occupation. Glenn was ordered not to remove value from their property or make withdrawals from accounts except for the purposes authorized by the order. Dollar moved to Dibble, Oklahoma, where she lived with and cared for her mother. Dollar did not work outside the home before 2020, even though she applied to a few jobs unsuccessfully. Dollar was employed for three months in early 2020 for $17 an hour before she was let go due to COVID. She applied for other jobs after that unsuccessfully. As of the final hearing, Dollar had no income.

Dollar struggled with health problems. Dollar was undergoing medical testing until the health insurance coverage associated with Glenn’s job dropped her in 2018 and she had no other coverage. Even though the court order required him to maintain Dollar’s health insurance, Glenn did not add her to the health insurance from his new employment in 2018 because he did not think the divorce would continue on so long. As a result, Dollar could not continue to pursue her medical care. Dollar was sued for medical debt she incurred and could not pay, as Glenn also stopped placing sufficient funds into their account for the credit card payments in violation of the temporary orders. In 2019, Dollar consolidated the credit card debt to arrange for lower monthly payments and the remaining debt as of the final hearing was $36,191. Eventually, Dollar was sued for $15,248 in medical expenses and $3,625 of medical bills in collections. In violation of the temporary orders, Glenn did not deposit sufficient funds into their joint account to fund Dollar’s reasonable living needs. Even though Dollar lived modestly and did not spend money excessively or in violation of the court order, she borrowed money from her family to get by.

Through the discovery process, Dollar requested all financial documents, profit and loss statements, income-reporting documents, and the like, pertaining to Glenn and any entity in which the parties owned any interests, which he controlled. Glenn failed to produce responsive documents pertaining to BNT, his 2018 and 2019 income tax statements, and other financial records during the pendency of the divorce. Although he did produce an illegible page of numbers, he purported were Dollar’s expenses he paid since 2017, they came without any supporting bank records. As of the final hearing, Glenn had produced only his 2017 income tax statement. He produced a 2018 tax return which was discovered to belong to his son of the same name. Glenn attributed the discrepancy to his accountant’s error. Glenn’s actual 2018 tax return was not

produced. Glenn never produced his 2019 tax return and failed to disclose he filed extensions for his 2018 and 2019 tax returns. At the final hearing, Glenn first testified he had turned over to his attorney everything he was required to in response to Dollar’s discovery requests. Glenn then testified he did not produce what he was required to produce pursuant to Dollar’s discovery requests. Dollar pursued sanctions for Glenn’s repeated failure to respond to her discovery requests.

At the final hearing, several points came to light. Glenn worked for Brazos in 2018 and then for Howard Energy since 2019, where his base salary was $180,000. Dollar testified Glenn withdrew many large cash sums from their joint account as well as from the BNT account without supporting documentation. Dollar testified to Glenn’s cash withdrawals of $21,769, $34,040, and $43,594 from a BNT account and two golf expenses of $12,935 and $5,743; related hotel expenses of $2,141; expenditures of $34,800 for the Lakehouse; and other items that appeared to be of a personal nature in individual amounts of under $2,000 each, spent from the BNT account all without the court’s permission. Dollar entered into the record BNT’s principal account bank records in support of her testimony. Glenn did not deny any of these expenditures other than to say that the golf-related expenditures and trips were business expenses.

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