Garcia v. Garcia

• Decision Date: 02 June 2005
• Docket Number: No. 08-04-00108-CV.,08-04-00108-CV.
• Citation: 170 S.W.3d 644
• Parties: Frank E. GARCIA, Appellant, v. Christine R. GARCIA, Appellee.
• Court: Texas Supreme Court

170 S.W.3d 644

Frank E. GARCIA, Appellant, v. Christine R. GARCIA, Appellee.

No. 08-04-00108-CV.

Court of Appeals of Texas, El Paso.

June 2, 2005.

COPYRIGHT MATERIAL OMITTED

John Needham, El Paso, for Appellant.

Chris Bradley, El Paso, for Appellee.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

This is an appeal from a division of property incident to divorce. For the second time in a matter of days, we are presented with an amorphous award of "reimbursement" in favor of the wife. On appeal, Frank Garcia challenges both the award of reimbursement and the disproportionate division of the community estate. For the reasons that follow, we affirm.

FACTUAL SUMMARY

Frank and Christine Garcia married on February 14, 1999. They purchased a home for $105,000 shortly after marriage. Christine withdrew $15,060.66 from her separate property retirement account of which approximately $3,000 was paid as the down payment and at least $7,000 was spent for improvements. The couple signed a promissory note for $102,000. At the time of trial, the residence had a fair market value of $110,000; the parties owed approximately $103,000 because they had refinanced in 2003.

Christine moved out of the home on May 2, 2003 and filed a divorce petition on September 11, 2003. In her pleadings, she alleged that she had contributed separate funds to the community estate for which she had not been adequately compensated. She sought both common law reimbursement and statutory reimbursement via economic contribution. In her inventory and appraisement, she characterized the home as community property and listed what she referred to as a reimbursement claim in the amount of $15,060.56.¹ At trial, she asked that she be awarded $10,000 to equalize the division of the community estate.

PROCEDURAL SUMMARY

The procedural posture of the case merits discussion. A bench trial was conducted before Associate Judge Jose Juarez on April 1, 2004. Christine was represented by counsel while Frank appeared pro se. Judge Juarez completed a standard form entitled "Findings and Recommendation in Final Divorce." Frank timely filed a handwritten notice of appeal to the referring court. However, it does not appear from the record that a hearing was either requested or conducted. The findings of Judge Juarez were adopted and signed by the Honorable Alfredo Chavez on April 12, 2004 and the final decree of divorce was signed on April 16. If hearings were conducted on either April 12 or April 16, we do not have the benefit of a reporter's record. Our record consists of the reporter's record from the evidentiary hearing conducted by Judge Juarez on April 1 and the clerk's record. One exhibit was offered during the hearing, but it was not formally admitted into evidence, nor do we have a copy of it. While Christine's inventory and appraisement appears in the clerk's record, and as an appendix in Frank's brief, it was not offered into evidence at trial. It does appear from the record that Judge Juarez had a copy before him.

The final decree awarded the marital home to Frank and required him to pay Christine $10,000 "for her reimbursement claim in the real property awarded in this divorce decree to [him]." In a separate section, the following recitation appears:

The court finds that separate funds of [Christine] were used for the benefit of the community estate in the sum of $10,000.00. The Court orders that the community reimburse [Christine's] separate estate as follows: $5,000.00 by [Christine] to [Christine] and $10,000.00 by [Frank] to [Christine]. [Emphasis added].

We presume this "finding" was derived from Judge Juarez's recommendations, but it does not track them precisely. Judge Juarez found "that sep. funds of [Christine] were used for benefit of comm. in the sum of $15,000. Court orders comm. reimburse [Christine] sep. estate as follows: $5,000 by [Christine] $10,000 by [Frank] on or before 9-1-04." Thus, the highlighted number in the decree appears to be a typographical error. Frank did not request either traditional or statutory findings of fact and conclusions of law. See Tex.Fam.Code Ann. § 6.711 (Vernon Supp.2004-05); Tex.R.Civ.P. 296. We have previously declined to construe the findings of the associate judge as "findings of fact" of the "referring court." See Roberts v. Roberts, 999 S.W.2d 424, 436 (Tex.App.-El Paso 1999, no pet.).

SUFFICIENCY OF THE EVIDENCE

In his sole issue for review, Frank challenges the sufficiency of the evidence to support the reimbursement award. He also contends the error resulted in an abuse of discretion because it led to a grossly disproportionate division of the community estate. Our analysis must of necessity employ overlapping appellate standards of review. We first address the distinctions between them and how they overlap in the family law arena.

Standards of Review

Traditional Sufficiency Review

In considering a legal sufficiency or "no evidence" point, an appellate court considers only the evidence which tends to support the jury's findings and disregards all evidence and inferences to the contrary. Garza v. Alviar, 395 S.W.2d 821, 823 (Tex.1965); Worsham Steel Co. v. Arias, 831 S.W.2d 81, 83 (Tex.App.-El Paso 1992, no writ). If any probative evidence supports the jury's determination, it must be upheld. In re King's Estate, 150 Tex. 662, 244 S.W.2d 660, 661-62 (1951); Neily v. Aaron, 724 S.W.2d 908, 913 (Tex.App.-Fort Worth 1987, no writ).

In a bench trial, findings of fact are the equivalent of a jury answer to the special issues. Associated Telephone Directory Publishers, Inc. v. Five D's Publishing Co., 849 S.W.2d 894, 897 (Tex.App.-Austin 1993, no writ); Lorensen v. Weaber, 840 S.W.2d 644 (Tex.App.-Dallas 1992), rev'd on other grounds sub nom.; Exxon Corp. v. Tidwell, 816 S.W.2d 455, 459 (Tex.App.-Dallas 1991), rev'd on other grounds, 867 S.W.2d 19 (Tex.1993); A-ABC Appliance of Texas, Inc. v. Southwestern Bell Tel. Co., 670 S.W.2d 733, 736 (Tex.App.-Austin 1984, writ ref'd n.r.e.). Because Frank did not request either traditional or statutory findings of fact, we must presume that the trial court made all the necessary findings to support its judgment. Pharo v. Chambers County, Texas, 922 S.W.2d 945, 948 (Tex.1996); Worford v. Stamper, 801 S.W.2d 108, 109 (Tex.1990). If the trial court's implied findings are supported by the evidence, we must uphold the judgment on any theory of law applicable to the case. Worford, 801 S.W.2d at 109. In determining whether some evidence supports the judgment and the implied findings of fact, we consider only that evidence most favorable to the issue and disregard entirely the contrary evidence. Id. Frank has not raised a factual sufficiency complaint.

Abuse of Discretion Standard

Most of the appealable issues in a family law case are evaluated against an abuse of discretion standard, be it the issue of property division incident to divorce or partition, conservatorship, visitation, or child support. Tate v. Tate, 55 S.W.3d 1, 5-6 (Tex.App.-El Paso 2000, no pet.). An appeal directed toward demonstrating an abuse of discretion is one of the tougher appellate propositions. While the appellant may challenge the sufficiency of the evidence to support findings of fact, in most circumstances, that is not enough. If, for example, an appellant is challenging the sufficiency of the evidence to support the court's valuation of a particular asset, he must also contend that the erroneous valuation caused the court to abuse its discretion in the overall division of the community estate.

The term "abuse of discretion" is not susceptible to rigid definition. Landon v. Jean-Paul Budinger, Inc., 724 S.W.2d 931, 934 (Tex.App.-Austin 1987, no writ). The test for an abuse of discretion is not whether, in the opinion of the reviewing court, the facts present an appropriate case for the trial court's action, but whether the court acted without reference to any guiding rules and principles. Downer v. Aquamarine Operators, Inc., 701 S.W.2d 238, 242 (Tex.1985), cert. denied, 476 U.S. 1159, 106 S.Ct. 2279, 90 L.Ed.2d 721 (1986), citing Craddock v. Sunshine Bus Lines, 134 Tex. 388, 133 S.W.2d 124, 126 (Tex.Comm.App.-1939, opinion adopted). Stated differently, the appropriate inquiry is whether the ruling was arbitrary or unreasonable. Smithson v. Cessna Aircraft Company, 665 S.W.2d 439, 443 (Tex.1984); Landry v. Travelers Insurance Co., 458 S.W.2d 649, 651 (Tex.1970). The mere fact that a trial judge may decide a matter within his discretionary authority in a different manner than an appellate judge in a similar circumstance does not demonstrate that an abuse of discretion has occurred. Southwestern Bell Telephone Co. v. Johnson, 389 S.W.2d 645, 648 (Tex.1965); Jones v. Strayhorn, 159 Tex. 421, 321 S.W.2d 290, 295 (1959).

Which Standard Do We Apply?

The Family Code requires that the trial court divide the estate of the parties in a manner that is just and right having due regard for the rights of each party. Tex.Fam.Code Ann. § 7.001 (Vernon 1998). There is no requirement that the court effectuate an equal division. Murff v. Murff, 615 S.W.2d 696, 699 (Tex.1981). The courts have determined a number of factors which may justify a disproportionate division. Murff, 615 S.W.2d at 698-99. In reviewing the equitable remedy fashioned by the trial court in achieving a just and right division, we must determine not only whether the trial court's findings are supported by the evidence, we must also determine whether error, if established, caused the trial court to abuse its discretion. We have repeatedly held that once it has been determined that the abuse of discretion standard applies, an appellate court should engage in a two-pronged inquiry: (1) Did the trial court have sufficient information upon which to exercise its discretion; and (2) Did the trial court err in its application of discretion? Knight v. Knight, 131 S.W.3d 535, 539 (Tex.App.-El Paso 200...