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Martel v. Martel8/31/2001
AFFIRMED; Opinion on Rehearing issued August 31, 2001
OPINION ON REHEARING
We grant the motion for rehearing filed by Joseph M. Martel. On April 25, 2001, we issued our original opinion in this appeal. We withdraw our opinion and our judgment of that date. This is now the opinion of the Court.
Joseph M. Martel (Husband) challenges the property division accompanying his divorce from Jane Martel (Wife). Husband brings forward twenty issues contending generally the trial court erred in: (1) dividing the community property; (2) assigning fault for the divorce to him; (3) relying on Wife's appraisals of the community properties; (4) awarding Wife certain proceeds amounting to a double recovery; (5) awarding Wife an amount for community reimbursement; (6) awarding attorney fees to intervenor; and (7) awarding appellate attorney fees to Wife. We overrule Husband's issues and affirm the trial court's judgment.
Background
Husband and Wife were married in 1985. They had two children. The parties separated for a brief period in 1993. On January 10, 1995, Wife filed for divorce on the ground of cruel treatment.
Wife testified that Husband was both physically and verbally abusive. He exercised substantial control over Wife. He was very secretive about their finances.
The community estate consisted primarily of five properties: (1) Xerox building; (2) Paluxy Square Office Park; (3) an office building known as the Shelley Drive property; (4) Chase office condominiums; and (5) land known as the Shiloh/Thistle property. All five properties are located in Tyler. Husband sold the Shelley Drive property in violation of the trial court's temporary orders. Husband deposited a portion of the community share from that sale into the trial court's registry.
As to the value of the community properties, the trial court heard vastly conflicting testimony. Wife's appraiser testified that the properties had significant value. Husband, acting as his own appraiser, testified that the properties were basically worthless.
Husband's first attorney intervened in the lawsuit to collect attorney fees. Following a bench trial, the trial court granted the divorce on the ground of cruel treatment and entered a division of the community estate. The trial court awarded Wife the Xerox building, Chase condominiums, and the community share from the Shelley Drive property. The trial court awarded Paluxy Square and the Shiloh/Thistle property to Husband. In addition, the trial court awarded Wife a $30,000 equalization award and assigned some of the debt of the Xerox and Chase buildings to Husband. Neither side requested findings of fact and conclusions of law and none were filed. This appeal timely followed.
Waiver
Wife raises a jurisdictional issue. She contends that this Court lacks jurisdiction because Husband has waived the appeal. Specifically, Wife contends Husband has waived the appeal because he has conveyed to her all of the property he is asking this Court to give back to him. We disagree.
When a party voluntarily pays and satisfies a judgment, he waives his right to an appeal. Riner v. Briargrove Park Property Owners, Inc., 858 S.W.2d 370, 370-71 (Tex. 1993) (per curiam). Husband did convey the Xerox and Chase properties to Wife as the decree ordered. However, the conveyances were not voluntary. Husband lacked the money to post a supersedeas bond. The trial court denied his motion to suspend execution of the judgment. Because Husband did not voluntarily convey the properties to Wife, we conclude he has not waived his appeal.
Standard of Review
This case was
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