Abell v. Abell, 6194

• Decision Date: 17 December 1951
• Docket Number: No. 6194,6194
• Citation: 246 S.W.2d 248
• Parties: ABELL v. ABELL.
• Court: Texas Court of Appeals

Page 248

246 S.W.2d 248

ABELL v. ABELL.

No. 6194.

Court of Civil Appeals of Texas, Amarillo.

Dec. 17, 1951.

Rehearing Denied Jan. 14, 1952.

Sanders, Scott, Saunders & Smith, Amarillo, for appellant.

Underwood, Wilson, Sutton, Heare & Boyce, Amarillo, for appellee

MARTIN, Justice.

On September 19, 1951, appellant filed her motion for permission to file a supplemental transcript although the statutory period of time for filing such transcript had elapsed. This motion was passed to be considered at the time the merits of the case were reviewed. The original transcript, duly filed, is sufficient to clarify the issues on appeal and appellant's motion is accordingly overruled.

Appellee, Wallace Abell, sued appellant, Marie Sanders Abell, in the District Court of Hansford County, Texas, seeking a divorce, division of property and custody of a minor daughter, Pamela Sharon Abell. Appellant answered in the cause and also filed a cross-petition for divorce, division of property, custody of the minor daughter, child support and attorney's fees. The cause was tried before a jury and by stipulation of the parties no issues as to property rights were submitted to the jury. The court submitted issues to the jury as to divorce and as to the custody of the minor daughter, Pamela Sharon Abell. The jury answers were favorable to the appellee, Wallace Abell.

Upon the return of the jury verdict, the trial court entered what purports to be a final judgment in the cause in which Wallace Abell was decreed a divorce, full custody of Pamela Sharon Abell and a division of community property. Appellant's only point material to this appeal is that the judgment is not final in that the same is a conditional judgment. Appellee's counterpoint one is that if the judgment appealed from be not a final judgment the appeal must be dismissed. No statement of facts was brought up on the appeal.

In seeking to divide the property of the parties, the court awarded certain property in Texas to appellee and, by way of adjustment of an unequal division as to this property, awarded appellant the sum of $10,826.93 to be paid in cash by the appellee. The trial court also awarded appellant the sum of $3000.00 as attorneys' fees. Certain lots and a home in California show of record in California in the name of Marie Sanders Abell. The trial court found this to be community property. In attempting to reach this property in the name of Marie Sanders Abell, the court provided as follows in the judgment: '* * * Marie Sanders Abell, be and she is, directed and commanded forthwith...