Mata v. Mata

710 S.W.2d 756, 1986 Tex. App. LEXIS 12936
CourtCourt of Appeals of Texas
DecidedMay 8, 1986
Docket13-86-096-CV
StatusPublished
Cited by40 cases

This text of 710 S.W.2d 756 (Mata v. Mata) 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
Mata v. Mata, 710 S.W.2d 756, 1986 Tex. App. LEXIS 12936 (Tex. Ct. App. 1986).

Opinion

OPINION

SEERDEN, Justice.

By sixteen points of error, appellant contests the court’s findings and the division of property in the parties’ divorce. We affirm the granting of the divorce, but reverse the property division and remand it to the trial court.

Appellant and appellee were married for about 26 years. All of their property is community. Appellee is a prominent physician, and appellant managed his office, as well as their extensive financial affairs, until the final months of their marriage.

The trial court entered an initial divorce decree on March 26,1985, but stated that it would take the property division under advisement. It asked the parties to submit sworn inventories. Appellant filed an inventory, but appellee did not. On June 21, 1985, the court held a hearing on the property division issues. Appellant put on evidence, but appellee did not.

On July 22, 1985, the court entered a Final Decree of Divorce which divided the community assets and liabilities. On August 6, 1985, appellee signed a Motion to Modify Decree of Divorce, representing that the parties had agreed to a change in the award of the homestead. Appellant did not sign the motion, and we have no record of a hearing. On August 8,1985, the judge signed an Amended Decree of Divorce, modifying the homestead award. The court filed its Findings of Fact and Conclusions of Law on September 9, 1985.

By her first eight points of' error, appellant challenges specific findings on the values of the parties’ property. Appellant claims to have established different values for numerous items as a matter of law. When an appellate court has a statement of facts before it and the trial court’s specific findings are challenged, the appellate court must examine the entire record *758 and sustain the findings if any probative evidence supports them. Home State Bank v. Cavett, 518 S.W.2d 584, 586 (Tex.Civ.App.—Austin 1975, no writ); Astro Sign Co. v. Sullivan, 518 S.W.2d 420, 424 (Tex.Civ.App.—Corpus Christi 1974, writ ref’d n.r.e.). We will look to the records of the hearing on March 15, 1985, at which both appellee and appellant testified, and of the hearing on June 21, 1985, at which appellant and her three experts testified.

Appellee points out that the trial court stated that it had already reached a decision before the June hearing. If appel-lee did present evidence, it was his burden to have it included in the record. The record indicates that appellee had opportunity to present evidence and did not. Therefore, he cannot complain of the facts established by appellant.. Collora v. Navarro, 574 S.W.2d 65, 69 (Tex.1978); Sandoval v. Hartford Casualty Insurance Co., 653 S.W.2d 604, 607 (Tex.App.—Amarillo 1983, no writ); Fidelity & Casualty Co. v. Shubert, 646 S.W.2d 270, 274 (Tex.App.—Tyler 1983, writ ref’d n.r.e.); Andrews v. Utica Mutual Insurance Co., 647 S.W.2d 22, 26 (Tex.App.—Houston [1st Dist.] 1982, writ dism’d).

In Texas, an owner may testify to the value of his property, both real and personal, if he declares he knows its market value. Southwest Craft Center v. Heilner, 670 S.W.2d 651, 654 (Tex.App.—San Antonio 1984, writ ref’d n.r.e.); Superior Truck v. Allen, 664 S.W.2d 136, 146-47 (Tex.App.—Houston [1st Dist.] 1983, writ ref’d n.r.e.); Wright v. Gernandt, 559 S.W.2d 864, 870-71 (Tex.Civ.App.—Corpus Christi 1977, no writ); Elrod v. Elrod, 517 S.W.2d 669, 673 (Tex.Civ.App.—Corpus Christi, 1974, no writ). Appellant is also a licensed realtor.

By point thirteen, appellant complains of the inequality of the division of property, contending that the trial court erred in evaluating various assets, and that the division is not equitable. By various points, appellant alleges error in specific findings of values. In comparing some of the findings with the evidence, we find that the court abused its discretion in the property division, and sustain point thirteen.

By points one, two, and five, appellant complains that the values the trial judge assigned to three cars are not based on the evidence. Appellant testified that the 1980 Mercedes Benz was worth $20,000. Appel-lee testified in the March hearing that he had paid $24,000 for it used. Appellant’s expert, who testified that he is in the business of buying and selling antique cars, testified that the value could range from $12,500 to $17,500. The judge awarded the Mercedes Benz to appellee and valued it at $10,000. Appellant testified that a 1950 MG Roadster was worth $12,000. Her expert testified that it was worth between $12,000 and $17,500. Appellee testified in the March hearing that he bought it for $6,400, though he did not say when. The judge awarded it to appellee and valued it at $4,000. The only testimony on the value of the 1968 Volkswagen was appellant’s valuation at $800. The court awarded it to her and valued it at $2,000.

Where the uncontested evidence establishes only one value, the trial court cannot draw a different inference. Elrod at 674; see Collora at 69; Sandoval at 607. When several values are given, or a witness concedes that the value may be higher or lower than his estimate, the court’s finding on value should be within the range of values in evidence. See Elrod at 673. Thus, we find that the court abused its discretion in assigning values to the cars which are not supported by evidence. We sustain appellant’s points one, two, and five.

By point three, appellant asserts error in the court’s finding that the value of the household furnishings was not ascertainable from the record. Appellant gave the market value of the items in the house as $50,000, and stated that she based her opinion on the fact that she bought the furniture herself and that the items included oriental carpets, art objects, and collections. She also testified that she no longer had access to a file containing receipts, *759 which was left in appellee’s possession. She introduced photos of the interior of the house with its furnishings. Appellee could have testified or introduced evidence if he disagreed. We sustain point three.

By point four, appellant complains that the court valued the property identified as 407 Berkley, which was awarded to her, at $75,000, when its value was established as $52,000.

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Cite This Page — Counsel Stack

Bluebook (online)
710 S.W.2d 756, 1986 Tex. App. LEXIS 12936, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mata-v-mata-texapp-1986.