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In re Marriage of Watson

Court of Appeals of Texas, Seventh District, Amarillo, Panel D
May 23, 2008
No. 07-08-0057-CV (Tex. App. May. 23, 2008)

Opinion

No. 07-08-0057-CV

May 23, 2008.

Appealed from the 99th District Court Of Lubbock County; No. 2006-533,951; Honorable William Sowder, Judge.

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.


ON MOTION TO AUTHORIZE DISPOSITION OF PROPERTY


Pending before the Court is the motion by which appellant Nina Joyce Watson asks that she be "authorized to dispose of certain community property awarded her" in her divorce from appellee William Herbert Watson. In the motion, appellant states that she desires to sell assets held in a particular investment account to pay expenses including legal and accounting fees and the cost of the reporter's record on appeal. Her motion asks for authorization to dispose of the assets "without such authorization being a waiver of her right of appeal." As authority for our consideration of her motion, appellant cites Rules of Appellate Procedure 24.4(c) and 2. Rule 24.4 provides for appellate review of a trial court's actions with respect to the superseding of its judgment. Appellant's motion gives no indication the trial court has taken action, or been requested to take action, on the subject of the motion. Assuming, without deciding, that Rule 2 would permit us to consider the merits of appellant's motion in the absence of prior trial court action, we decline to do so. The motion is denied.

Briefs have not been filed in this appeal. Appellant's motion states that she will notchallenge the division of the community estate ordered by the trial court, but will contendon appeal that the trial court erred in its characterization of certain assets as appellee'sseparate property. Appellee has not filed a notice of appeal.

In her reply to appellee's response opposing her motion, appellant also cites thedesirability of converting the "high-risk commodities account" to a safer investment.


Summaries of

In re Marriage of Watson

Court of Appeals of Texas, Seventh District, Amarillo, Panel D
May 23, 2008
No. 07-08-0057-CV (Tex. App. May. 23, 2008)
Case details for

In re Marriage of Watson

Case Details

Full title:IN THE MATTER OF THE MARRIAGE OF WILLIAM HERBERT WATSON AND NINA JOYCE…

Court:Court of Appeals of Texas, Seventh District, Amarillo, Panel D

Date published: May 23, 2008

Citations

No. 07-08-0057-CV (Tex. App. May. 23, 2008)