[Download] "Robbie Holloway v. Pat S. Holloway" by Fifth District, Dallas No. 05-82-00249-CV Court of Appeals of Texas " Book PDF Kindle ePub Free

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• Title: Robbie Holloway v. Pat S. Holloway
• Author : Fifth District, Dallas No. 05-82-00249-CV Court of Appeals of Texas
• Release Date : January 26, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

CLARENCE A. GUITTARD, CHIEF JUSTICE On Motion for Rehearing Pat Holloway has filed a motion for rehearing complaining of our remand for a new trial of the property issues and urging that the new trial be limited to the issue of reimbursement. On this question we now have guidance from the latest opinion of the supreme court in Jensen v. Jensen, 665 S.W.2d 107 (Tex. 1984). Jensen was remanded for trial of the reimbursement issue alone. In the light of that holding, we conclude that the issue of reimbursement is clearly separable without unfairness to the parties within the authorization for partial new trials in rule 434 of the Texas Rules of Civil Procedure. Accordingly, we grant the motion for rehearing in part and remand the cause to the trial court with instructions to determine the amount of reimbursement, if any, due to the community under the formula established in Jensen. After trial of that issue, whether by a jury or otherwise, the court is instructed to make a proper division of the community property based on that finding, if supported by evidence, and on the verdict previously rendered, except to the extent that we have held that the jury's findings have been properly disregarded. Our judgment is modified accordingly. Otherwise the motion for rehearing is overruled.

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