in the Matter of the Marriage of Herman Tyeskie and Inger Tyeskie

CourtCourt of Appeals of Texas
DecidedJune 4, 2018
Docket06-18-00020-CV
StatusPublished

This text of in the Matter of the Marriage of Herman Tyeskie and Inger Tyeskie (in the Matter of the Marriage of Herman Tyeskie and Inger Tyeskie) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
in the Matter of the Marriage of Herman Tyeskie and Inger Tyeskie, (Tex. Ct. App. 2018).

Opinion

ACCEPTED 06-18-00020-CV SIXTH COURT OF APPEALS TEXARKANA, TEXAS 6/1/2018 11:21 PM DEBBIE AUTREY CLERK

NO. 06-18-00020-CV FILED IN 6th COURT OF APPEALS IN THE COURT OF APPEALS TEXARKANA, TEXAS 6/4/2018 9:29:00 AM FOR THE SIXTH DISTRICT OF TEXAS DEBBIE AUTREY Clerk AT TEXARKANA IN THE MATTER OF THE MARRIAGE OF HERMAN TYESKIE AND INGER TYESKIE On appeal from the 307TH Judicial District Court Gregg County, Texas In Cause No.2015-1636-DR ________ APPELLANT’S BRIEF ________ Counsels of Record

William T. Hughey, Esq. P.O. Box 2012 Marshall, Texas 75671 Hugheylaw@sbcglobal.net Ph. 903-935-5550 Fax 866-823-7185 IDENTITY OF PARTIES AND COUNSEL

The following constitutes a list of all parties to the trial court’s judgment and the names and addresses of all trial and appellate counsel:

LIST OF PARTIES Appellant Inger Hall

Appellate Counsel William T. Hughey, Esq. P.O. Box 2012 Marshall, Texas 75671

Appellee Herman Tyeskie P.O. Box 651 Gladewater, Texas 75647

Appellee Counsel Myla Mayberry, Esq. 2770 Main Street Longview, Texas 75601 ii

TABLE OF CONTENTS

LIST OF PARTIES………………………………………………ii

INDEX OF AUTHORITIES……………………………………..iv

STATEMENT OF THE CASE…………………………………..1

ISSUE PRESENTED…………………………………………….2 1. The Trial Court Abused its Discretion by failing to Credit $52,576.21 of Appellant’s Separate funds from Saving to be reimbursed out of funds associated with the Sale of the Homestead Property.

2. The Trial Court Abused its Discretion by failing to provide Notice to Appellant before signing order Turnover order and appointing Receiver pursuant to Sec. 31.002 of the Texas Civil Remedies and Practice Code said abuse constituting a violation of Appellant’s Due Process Right under the 14th Amendment of the United States Constitution and the taken of her property by order dated March 22,2018 and her illegal imprisonment.

STATE OF FACTS………………………………………………2-5 SUMMARY OF ARGUMENT…………………………………..5-6 ARGUMENT…………………………………………………….6-13 PRAYER…………………………………………………………13 CERTIFICATE OF SERVICE………………………………….. 14

CERTIFICATE OF COMPLIANCE……………………………..14 APPENDIX……………………………………………………….15 iii INDEX OF AUTHORITIES

iv Appellant respectfully submits the instant brief. This is an appeal from The

1307th Judicial District Court Gregg County, Cause No. 2015-1636-DR

Statement of the Case

Appellants Inger (Hall) Tyesie is the Respondent in an Original Petition for

Divorce filed by Appellee Herman on September 2, 2015. (CR-p5) On August 8,

2017,a Bench Trial was conducted in which the Trial Count on September 19,

2017 prepared a written decision on the confirmation of separate property and the

division of the martial estate.(CR-p104) Appellants trial counsel on October 10,

2017 filed a Premature Motion to modify, Correct, or Reform Judgment and/or

Motion for New Trial . (CR-p113) The trial court on January 2, 2018 signed a

Final Decree of Divorce. (CR-p118)

After the previous reference event on January 8, 20181, trial counsel for

Appellee filed a “Motion for Post Judgment Receivership Pursuant Section 31.002,

Civil Practice and Remedies Code.” (CR-p 130) The trial court on January 19,

2018 signed an “Order Appointing Receiver and Compelling Discovery. The trial

court on March 9, 2018 signed an “Order Holding Respondent (Appellant) In

Contempt and For Commitment to County Jail (CR-p 203) On March 22, 2018, the

1 trial court signed an “Order Approving Final Account, Order directing Receiver to

Make Disbursement of Funds Collected and Discharging Receiver. (CR-p 215)

On March 29, 2018 Respondent /Appellant filed a Pro Se Notice of Appeal. (CR-p

217) Respondent after retaining counsel through counsel filed a Motion to Set

Supercedeous Bond. (CR-p 231)

ISSUES PRESENTED

1. The Trial Court Abused its Discretion by failing to Credit $52,576.21 of Appellant’s Separate funds from Saving to be reimbursed out of funds associated with the Sale of the Homestead Property.

2. The Trial Court Abused its Aiscretion by failing to provide Notice to Appellant before signing order Turnover order and appointing Receiver pursuant to Sec. 31.002 of the Texas Civil Remedies and Practice Code said abuse constituting a violation of Appellant’s Due Process Right under the 14th Amendment of the United States Constitution and the taken of her property by order dated March 22,2018 and her illegal imprisonment.

STATEMENT OF FACTS

On August 8, 2017, the case was called for trial counsel parties announced. (RR- v2-p5) The Court heard and denied a Motion for Continuance filed by Counsel for Appellant. (RR-v2-p 10)

Direct Examination Herman Tyeskie: Witness proved up jurisdiction questions parties married January 3, 2009 ceased living together fall of 2015. (RR-v2-p 11)

Parties purchase home in November 2013. (RR-v2-15) Witness stated that at a

point relationship started to deteriorate, wife hit and spit on him. (RR-v2-15-16)

2 Witness testify that a point in time he found a tacking device in his truck (RR-v2-

17-20) parties at time start living in separate part of house. (RR-v2-20) The stated

that wife has trashed his room. (RR-v2-25) Witness state that at one point in time

wife took his truck and he must get someone to take him to the doctor because of

his disability. (RR-v2-29) In November 2015 was hit in head by wife with iron.

(RR-v2-35) Witness stated was taken to hospital. (RR-v2-34) Witness stated that

on questioning that he thought wife was obsessed with the thought that you have

cheated on her. (RR-v2-36) Attorney covered prior discovery attempts with

attorneys for wife and non-compliance. (RR-v2-37-54) Witness stated that value of

community home was about 245,00 and that $52,576.21 was down payment. And

300,000 Cashier check wife had taken out of her saving account. (RR-v2-50-55)

witness stipulated that wife has 162,168.61 in her saving account in January 2009.

(RR-v2-58) Witness acknowledged that wife 299,681.93 was taken out of her

account. (RR-v2-59) Witness informed court what he wants out divorce as to

separate and community property. (RR-v2-59-69)

Cross Examination of Witness

Witness stated that his Monthly income was a disability payment of $1081. (RR-

v2-71) Witness testify to damage to his truck done by his wife. (RR-v2-72)

Counsel sought to introduce tape and affidavit about paramour that were not

admitted. (RR-v2-73-76) Witness passed (RR-v2-78)

3 Limited Redirect

Direct Examination Respondent Inger Renee Tyeskie

Witness testified that she had give a gift of 3000.00 to her daughter in2015. (RR-

v2-83) Witness stated that her bank was Citizen Bank on the transaction. (RR-v2-

84) Witness was questioned about community funds. (RR-v2-85-) Witness that she

has $162, 000 in saving when she married petitioner. (RR-v2-86) witness stated

she had no knowledge of the amount of check husband received after his first wife

death. (RR-v2-87) witness question about husband deposit of check in an account

after wife death witness never seen item. (RR-v2-88-99) Witness stated she want to

buy husband out of house. (RR-v2-92) Witness passed

Cross Examination

Witness stated she damages husband truck because he was having an affair. (RR-

v2-95) Witness testified she caught Husband with girlfriend. (RR-v2-96) Witness

stated that when she hit husband with iron he has lunged at her after argument

about girlfriend. (RR-v2-97) Witness tracked husband for two week and knew he

was at girlfriend house(RR-v2-99) Witness stated that husband had lawn service,

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