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Apr 28

The trial court did not abuse its discretion by conducting a two day divorce trial in April 2009, then abating the trial while IRS tax issues were resolved and then making a rendition of the divorce in November 2010 based on a cut off date of April 1, 2009 for characterizing and valuing property

The wife who complained about this unusual procedure did not complain to the trial court at the time until she filed a motion for new trial after rendition and judgment.  The court of appeals ruled that by participating in this procedure without objection, the wife waived any complaint on appeal.  This case reminds us that objecting to a trial court ruling for the first time in a motion for new trial may be too late.  TRAP 33.1(a)’s  requirement that a complaining party on appeal must show he or she  “made proper, timely and sufficiently specific objection or request in the trial court and obtained a ruling” is often not satisfied by waiting until the motion for new trial to object.  Richard v. Towery, 1st Court of Appeals, 01-11-00132-CV, April 18, 2013.

Category:Divorce, Property Division, Trial, Valuation |

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