Toni L. Sigee v. Thomas P. Sigee

• Court: Court of Appeals of Texas
• Decided: February 7, 2023
• Docket: 09-21-00335-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00335-CV __________________

TONI L. SIGEE, Appellant

V.

THOMAS P. SIGEE, Appellee

__________________________________________________________________

On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-176,384-F __________________________________________________________________

ORDER

Toni L. Sigee has appealed the trial court’s October 35, 2021, Military Retired

Pay Division Order. Following the submission of the appeal, the Court determined

that a discrepancy exists between the number of months the parties were married

(based on the trial court’s findings of the dates they were married and divorced) and

the number of months of Thomas P. Sigee’s creditable service in the military.

A court of appeals must not affirm or reverse a judgment if the trial court’s

erroneous action prevents the proper presentation of a case to the court of appeals

1 and the trial court can correct its action. See Tex. R. App. P. 44.4(a). We abate the

appeal, and we remand the case to the trial court for the trial court to clarify its order

and enter an order that reflects the correct periods the trial court intended to find

when it originally entered its order.

The trial court may determine the correct dates the parties married and

divorced and the correct number of months the parties were married during Thomas

Sigee’s creditable service and decide whether an amended order or clarifying order

should be entered. The trial court may conduct a hearing, but it is not required to do

so to comply with this Order. Should the trial court conduct a hearing, a reporter’s

record of the hearing must be filed with this Court. A clerk’s record containing the

trial court’s clarifying order shall be filed with the court of appeals by March 9, 2023.

The appeal will be reinstated without further order of this Court when the

supplemental clerk’s record and the supplemental reporter’s record, if any, is filed

with the court of appeals.

ORDER ENTERED February 7, 2023.

PER CURIAM

Before Golemon, C.J., Horton and Johnson, JJ.