No. 07-15-00176-CV 

In the Seventh Court of Appeals 

Amarillo, Texas 

In the Matter of the Marriage of Christina Lynn Fletcher 

and Robert Hugh Fletcher 

On Appeal from the 237th District Court 

Lubbock County, Texas 

Cause No. 2014-510,128 

Brief of Appellant 

Charles Blevins 

Attorney for Appellant 

Chappell, Lanehart & Stangl, P.C. 

1217 Avenue K 

Lubbock, TX 79401-4025 

(806) 765-7370 phone 

(806) 765-8150 fax 

charles@attorneyinlubbock.com 

State Bar No. 24077261 

Counsel for Appellant Robert Hugh Fletcher 

ORAL ARGUMENT REQUESTED

ACCEPTED

07-15-00176-CV

SEVENTH COURT OF APPEALS

AMARILLO, TEXAS

11/9/2015 11:57:18 PM

Vivian Long, Clerk

 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 11/9/2015 11:57:18 PM VIVIAN LONG CLERK
2 

Identity of Parties and Counsel 

Appellant 

Robert Hugh Fletcher 

 Trial Counsel: 

Mr. Robert Sullivan 

5147 69th Street, Suite D 

Lubbock, TX 79424 

Appellant Counsel: 

Charles Blevins 

Chappell, Lanehart & Stangl, P.C. 

1217 Avenue K 

Lubbock, TX 79401-4025 

Appellee 

Christina Lynn Fletcher 

 Trial Counsel: 

 

Charles Chambers 

915 Texas Avenue 

Lubbock, TX 79408 

Appellee Counsel: 

Deborah Smith McClure

P.O. Box 15125 

Amarillo, TX 79105-5125

W. Calloway Huffaker

P.O. Box 968 

Tahoka, TX 79373 
3 

Table of Contents 

Identity of Parties and Counsel ................................................................................ 2 

Table of Contents .................................................................................................... 3 

Index of Authorities ................................................................................................. 4 

Designation of References ........................................................................................ 6 

Statement of the Case .............................................................................................. 7 

Issues Presented ....................................................................................................... 8 

Statement of Facts ................................................................................................... 9 

Summary of Argument ........................................................................................... 10 

Argument and Authorities ...................................................................................... 11 

Issue Restated: The trial court’s mischaracterization of property (and the 

divestiture of the husband’s separate property) in this divorce action resulted in a 

division of the community estate in a manner that was not fair and just. ............. 11 

A. Standard of Review for Division of Marital Property................................... 11 

B. Standard of Review for Division of Marital Property ................................... 11 

C. Community Property Presumption and “Clear and Convincing Evidence.”

 ........................................................................................................................ 12 

D. The trial court mischaracterized Bobby’s separate property as community 

property and improperly awarded it to Christina. ............................................13 

E. Conclusion .................................................................................................. 18 

Prayer ..................................................................................................................... 19

Certificate of Compliance ...................................................................................... 20 

Certificate of Service .............................................................................................. 21 
4 

Index of Authorities 

Cases

Allen v. Allen,

 704 S.W.2d 600 (Tex. App. 1986) ...................................................................... 17 

Beaumont Bank, N.A. v. Buller,

 806 S.W.2d 223 (Tex. 1991) ............................................................................... 11 

Boyd v. Boyd,

 131 S.W.3d 605 (Tex. App. 2004) ................................................................. 14, 15 

Cameron v. Cameron,

 641 S.W.2d 210 (Tex. 1982) ................................................................................13 

Crawford v. Hope,

 898 S.W.2d 937 (Tex. App. 1995) ...................................................................... 12 

Ditraglia v. Romano,

 33 S.W.3d 886 (Tex. App. 2000) ........................................................................ 11 

Eggemeyer v. Eggemeyer,

 554 S.W.2d 137 (Tex. 1977) .......................................................................... 13, 17 

Gardner v. Gardner,

 229 S.W.3d 747 (Tex. App. 2007) ................................................................ 11, 12 

Giesler v. Giesler,

 No. 03-08-00734-CV, 2010 WL 2330362 (Tex. App. June 10, 2010) .................13 

Love v. Bailey-Love,

 217 S.W.3d 33 (Tex. App. 2006) ........................................................................ 14 

McElwee v. McElwee,

 911 S.W.2d 182 (Tex. App. 1995) ....................................................................... 14 

McKinley v. McKinley,

 496 S.W.2d 540 (Tex. 1973) .............................................................................. 14 

Moroch v. Collins,

 174 S.W.3d 849 (Tex. App. 2005) ................................................................ 14, 15 

Pletcher v. Goetz,

 9 S.W.3d 442 (Tex. App. 1999) .................................................................... 11, 12 

Santillan v. Campos,

 No. 04-08-00904-CV, 2009 WL 3464867 (Tex. App. Oct. 28, 2009) ............... 12 

Sharma v. Routh,

 302 S.W.3d 355 (Tex. App. 2009) ......................................................................13 

Sheshtawy v. Sheshtawy,

 150 S.W.3d 772 (Tex. App. 2004) ....................................................................... 17 
5 

Simmons v. Simmons,

 No. 03-02-00517-CV, 2003 WL 21554302 (Tex. App. July 11, 2003) .................13 

Tate v. Tate,

 55 S.W.3d 1 (Tex. App. 2000) ............................................................................ 17 

Zeptner v. Zeptner,

 111 S.W.3d 727 (Tex. App. 2003) ....................................................................... 17 

Statutes

Tex. Const. art. XVI, § 15 ...................................................................................... 14 

Tex. Fam. Code Ann. § 3.001 (West) .................................................................... 14 

Tex. Fam. Code Ann. § 3.002 (West) .................................................................... 12 

Tex. Fam. Code Ann. § 3.003(a) (West) ............................................................... 12 

Tex. Fam. Code Ann. § 7.001 (West 2013) ............................................................. 11 
6 

Designation of References 

The Reporter’s Record is contained in three volumes. References to the 

Reporter’s Record are cited as (RR), V. (volume), p. (page) and 1. (line). 

The Clerk’s Record is contained in one volume. References to the Clerk’s 

Record are cited as CR (page number). 

Petitioner’s Exhibit as Petitioner’s Ex. (number). 

Respondent’s Exhibit as Respondent’s Ex. (number). 

Appendix references are cited as App. (p. number). 
7 

Statement of the Case 

This is an appeal from a decree of divorce dissolving the marriage of Robert 

Fletcher (“Bobby”) and Christina Lynn Fletcher (“Christina”). Appellee 

Christina L. Fletcher filed her Original Petition for Divorce against Appellant 

Bobby Fletcher on February 6, 2014. (CR 6). There were no children of the 

marriage, and only property issues were to be decided. (CR 7). 

On September 30, 2014, a bench trial was held before the Honorable Abe 

Lopez—sitting by assignment—in the 237th Judicial District of Lubbock County, 

Texas. (RR 1). A Final Decree of Divorce which divided the property of the parties 

was signed on April 6, 2015 by Judge Lopez. (CR 65). 

Among other things, the decree awards Christina a 40.00 foot x 685.00 foot 

tract of land and building on the land. (RR 134). 

Bobby filed a motion for new trial claiming Bobby’s separate property was 

improperly converted to community property by the trial Court and awarded to 

should not have been awarded to petitioner. (CR 40). The motion for new trial was 

not ruled on by the trial court. 
8 

Issues Presented 

The trial court’s mischaracterization of property (and the divestiture of the 

husband’s separate property) in this divorce action resulted in a division of the 

community estate in a manner that was not fair and just. Bobby purchased the lot 

awarded to Christina long before marrying her. The lot is Bobby’s separate 

property. By awarding the lot to Christina, the trial court committed reversible 

error. 
9 

Statement of Facts 

Christina and Bobby were married November, 2011. (RR 12). The divorce 

action was filed February 6, 2014 (RR 12). Bobby Fletcher owns two lots in 

Wolfforth, Texas. (RR 63). The “auction business” lot was purchased in 1988 and 

the “veterinary lot” was purchased in 1986. (RR 63-66). The trial court awarded 

the veterinary lot to Christina, and the auction business lot to Bobby. 
10 

Summary of Argument 

Upon divorce, marital property is to be divided in a manner that is just and 

right. The division of the marital estate should not be unjust, but just and right. 

Moreover, a trial court should not abuse the discretion to divide that property. 

Although a trial court is presumed to have properly exercised its discretion in 

dividing the community estate, this presumption is rebuttable. 

The reporter’s record in this case demonstrates the trial court made 

substantial, not minimal, errors involving the determination of separate property 

and the award of said property. The mischaracterization of property did not have 

merely a de minimus effect on the right and just division of the community property 

in this case and must be reversed. 
11 

Argument and Authorities 

Issue Restated: The trial court’s mischaracterization of property (and the 

divestiture of the husband’s separate property) in this divorce action resulted 

in a division of the community estate in a manner that was not fair and just. 

A. Standard of Review for Division of Marital Property 

A trial court is charged with the responsibility to divide the community 

estate in a “just and right” manner, considering the rights of both parties. Tex. 

Fam. Code Ann. § 7.001 (West 2013). It is the responsibility, of the party 

complaining of the trial court’s division of property, to demonstrate from evidence 

in the record that the division was so unjust that the trial court abused its 

discretion. Pletcher v. Goetz, 9 S.W.3d 442, 446 (Tex. App. 1999)(op, on reh’g). 

A trial court’s division of marital property is reviewed under an abuse of 

discretion standard. Gardner v. Gardner, 229 S.W.3d 747, 751 (Tex. App. 2007). An 

abuse of discretion occurs if a trial court acts “without reference to guiding rules or 

principles (legal issues), or acts arbitrarily or unreasonably (factual issues).” Id. 

B. Standard of Review for Division of Marital Property 

Under the abuse of discretion standard, legal factual sufficiency are relevant 

factors in assessing whether the trial court abused its discretion. Beaumont Bank, 

N.A. v. Buller, 806 S.W.2d 223, 226 (Tex. 1991). However, legal and factual 

sufficiency are not independent grounds of error. Ditraglia v. Romano, 33 S.W.3d 
12 

886, 889 (Tex. App. 2000); Crawford v. Hope, 898 S.W.2d 937, 940 (Tex. App. 

1995), writ denied (Oct. 27, 1995), writ denied (Oct. 27, 1995). 

Although legal and factual sufficiency of the evidence does not constitute 

independent grounds of error, they are relevant factors to consider in determining 

whether the trial court abused its discretion. Gardner, 229 S.W.3d at 751. 

“Consequently, if the division of marital property lacks sufficient evidence in the 

record to support it, then the trial court’s division is an abuse of discretion.” 

Santillan v. Campos, No. 04-08-00904-CV, 2009 WL 3464867, at *2 (Tex. App. 

Oct. 28, 2009) (mem. op.). 

There is a presumption the trial court exercised its discretion properly and 

the trial court’s division should not be disturbed unless the record demonstrates 

“that the division was clearly the result of an abuse of discretion.”Pletcher, 9 

S.W.3d at 446. 

C. Community Property Presumption and “Clear and Convincing Evidence.” 

When a trial court considers a claim that marital property might be the 

separate property of either spouse, the property possessed by either spouse during 

or on dissolution of marriage is presumed to be community property. Tex. Fam. 

Code Ann. § 3.003(a) (West). Community property is property other than separate 

property, acquired by either spouse during marriage. Tex. Fam. Code Ann. § 3.002 
13 

(West). 

For purposes of this case, Bobby’s separate property consists of (1) the 

property, owned or claimed by the spouse before marriage, and (2) the property, 

acquired by the spouse during the marriage by gift, devise, or descent. § 3.001 Tex. 

Faro. Code Ann. (West 2013). More specifically, the auction lot and the veterinary 

lot. 

If the trial court awards some of one spouse’s separate property to the other 

spouse, “then the trial court abuses its discretion and reversibly errs.” Sharma v. 

Routh, 302 S.W.3d 355, 360 (Tex. App. 2009); see Cameron v. Cameron, 641 

S.W.2d 210, 213 (Tex. 1982); Giesler v. Giesler, No. 03-08-00734-CV, 2010 WL 

2330362, at *6 (Tex. App. June 10, 2010); Simmons v. Simmons, No. 03-02-00517-

CV, 2003 WL 21554302, at *3 (Tex. App. July 11, 2003) (“Although trial courts 

enjoy broad discretion in dividing community property in a divorce action, the 

court abuses its discretion if it divests one spouse of separate property and awards 

it to the other spouse.”). 

D. The trial court mischaracterized Bobby’s separate property as community 

property and improperly awarded it to Christina. 

As stated herein above, the Court cannot, on divorce, divest a party of his 

separate property. Cameron, 641 S.W.2d at 213; Eggemeyer v. Eggemeyer, 554 
14 

S.W.2d 137, 140-42 (Tex. 1977). 

Separate property is defined as property acquired before marriage or certain 

other kinds of property (i.e., gift, inheritance, personal injury award) acquired 

during marriage. Tex. Const. art. XVI, § 15; Tex. Fam. Code Ann. § 3.001 (West); 

Love v. Bailey-Love, 217 S.W.3d 33, 35 (Tex. App. 2006). 

A spouse claiming assets as separate property is required to establish its 

separate character by clear and convincing evidence. McElwee v. McElwee, 911 

S.W.2d 182, 188 (Tex. App. 1995), writ denied (Apr. 12, 1996), writ denied (Apr. 12, 

1996). 

The characterization of property as either community or separate is 

determined by the inception of title to the property, i.e., when a party first has a 

right of claim to the property by virtue of which title is finally vested. Moroch v. 

Collins, 174 S.W.3d 849, 857 (Tex. App. 2005); Boyd v. Boyd, 131 S.W.3d 605, 611 

(Tex. App. 2004). 

To overcome the community presumption, the spouse claiming certain 

property as separate has the burden to trace and clearly identify the property 

claimed to be separate. McKinley v. McKinley, 496 S.W.2d 540, 543 (Tex. 1973). 

Tracing involves establishing the separate origin of the property through 

evidence showing the time and means by which the spouse originally obtained 
15 

possession of the property. Moroch, 174 S.W.3d at 857; Boyd, 131 S.W.3d at 611. 

Moreover, a party claiming separate property must support the claim with 

documentary evidence—mere testimony alone that real property is separate is 

generally insufficient to overcome the community presumption. Boyd, 131 S.W.3d 

at 612. 

Because Bobby claimed the veterinary lot as separate property, he had the 

burden at trial of establishing by clear and convincing evidence the origin of the lot. 

Bobby was required to show when and how he originally obtained the veterinary 

lot. Moroch, 174 S.W.3d at 856; Boyd, 131 S.W.3d at 612. 

Bobby traced his separate property claim for the veterinary lot. (RR 63-66) & 

(Resp. Ex. 2). During his testimony, Bobby testified he purchased the veterinary lot 

in 1986. 

Q. Now, when she moved up here and moved in with you after you 

guys got married, you decided to transfer the vet clinic area up here? 

A. Well, actually, before we married. She wasn't going to come up 

here until she had a vet clinic to operate out of, so I actually remodeled 

that and – but I never did transfer title, no. 

(RR 66) 

Q. And that is a lot you have had since 1988. And then in terms of the 

lot on the left, you are also asking that you keep that? 

A. Yes, sir. 

Q. And the lot you had prior to the marriage? 
16 

A. Yes, sir. 

Q. And we have heard testimony that a lot of the fixtures in there are 

also tied to the note but not all of them? 

A. That is correct. 

(RR 67). 

Moreover, Bobby presented the trial court with Respondent’s Exhibit No. 2 

which is the deed to the veterinary lot, conveyed to Bobby in 1986. 

Moreover, the “improvements” made to the lot were prior to the marriage 

(including the building which existed prior to the marriage in 2011). Bobby moved 

Christina into the building in 2011 so she could “run her business.” However, as 

noted in the record, Bobby never gifted, comingled or otherwise transferred any 

part of the property to Christina. 

Q. Did Christina ever send cash up to you for help on the remodeling 

of the house or anything? 

A. No, sir. 

(RR 77). 

Although Christina testified about “improvements” or “moving to 

Wolfforth to start a new practice” she did not present any documentary evidence 

to establish the lot was converted to community property. 

When a reviewing court is asked to review an alleged characterization error, 
17 

the court must determine not only whether the trial court's finding of separate 

property is supported by clear and convincing evidence, but also whether the 

characterization error, if established, caused the trial court to abuse its discretion. 

Allen v. Allen, 704 S.W.2d 600, 603 (Tex. App. 1986). 

If property is mischaracterized and the mischaracterization is of such 

magnitude that it affects the just and right division of the community estate, the 

case must be remanded to the trial court for a just and right division based upon the 

correct characterization of the property. Zeptner v. Zeptner, 111 S.W.3d 727, 740 

(Tex. App. 2003). 

If a party can establish that property is his or her separate property, “it is 

unnecessary to show harm because divestiture of separate property is reversible 

error” without the necessity of showing “that the overall property division 

constitutes an abuse of discretion.” Tate v. Tate, 55 S.W.3d 1, 6-7 (Tex. App. 

2000). 

Divesting Bobby of his separate property is reversible per se. See Sheshtawy 

v. Sheshtawy, 150 S.W.3d 772, 779-80 (Tex. App. 2004) (citing, inter alia, 

Eggemeyer, 554 S.W.2d at 140) (holding that if a trial court mischaracterizes 

separate property as community property, “the error requires reversal because the 

subsequent division divests a spouse of his or her separate property.”). 
18 

E. Conclusion 

Based on the foregoing, the trial court clearly abused its discretion in 

characterizing the veterinary lot as community property and awarding a 

disproportionate division of the estates of the parties. 

The record before this court contains the evidence necessary to support the 

conclusion that the trial court abused its discretion in dividing and classifying 

Bobby Fletcher’s marital estate. 

This Court should reverse the judgment of the trial court and remand this 

case to the trial court for purposes of truly achieving a just and right division of the 

estate of Bobby and Christina Fletcher as of the date they were divorced 
19 

Prayer 

For these reasons, Appellant Bobby Fletcher asks this Court to reverse the 

portion of the decree that awards Appellee Christina Fletcher the “veterinary lot,” 

remand to the trial court for a just and right division in accordance with the 

guidelines set forth by this Court and grant Appellant all other relief for which he is 

entitled. 

Respectfully, 

/s/ Charles Blevins 

Charles Blevins 

Attorney for Appellant 

Chappell, Lanehart & Stangl, P.C. 

1217 Avenue K 

Lubbock, TX 79401-4025 

(806) 765-7370 phone 

(806) 765-8150 fax 

charles@attorneyinlubbock.com

State Bar No. 24077261
20 

Certificate of Compliance 

I certify that the foregoing document contains 3,137 words, according to the 

word count of the computer program used to prepare it, in compliance with Rule 

9.4(i)(2).

/s/ Charles Blevins 

Charles Blevins 

Attorney for Appellant 

Chappell, Lanehart & Stangl, P.C. 

1217 Avenue K 

Lubbock, TX 79401-4025 

(806) 765-7370 phone 

(806) 765-8150 fax 

charles@attorneyinlubbock.com

State Bar No. 24077261 
21 

Certificate of Service

I certify a true copy of this Appellant’s Brief was served in accordance with 

Rule 9.5 of Texas Rules of Appellate Procedure, on each party or that party’s lead 

counsel as follows: 

Party: Christina Lynn Fletcher 

Lead attorney: Deborah Smith McClure 

Address of service: P.O. Box 15125 

 Amarillo, TX 79105-512 

Email: deborahm@huffaker-law.com 

Method of service: Electronic service 

Date of service: November 9, 2015 

/s/ Charles Blevins 

Charles Blevins 

Attorney for Appellant 

Chappell, Lanehart & Stangl, P.C. 

1217 Avenue K 

Lubbock, TX 79401-4025 

(806) 765-7370 phone 

(806) 765-8150 fax 

charles@attorneyinlubbock.com 

State Bar No. 24077261 
APPENDICES
58

Filed 4/13/2015 11:51:42 AM 

Barbara Sucsy 

District Clerk 

Lubbock County, Texas 

IN THE MATTER OF 

THE MARRIAGE OF 

CHRISTINA LYNN FLETCHER 

AND 

ROBERT HUGH FLETCHER 

NO. 2014-510,128 

§ IN THE 237TH DISTRICT COURT 

§ 

§ 

§ OF 

§ 

§ LUBBOCK COUNTY, TEXAS 

FINAL DECREE OF DIVORCE 

On September 30,2014, this case came on for hearing. 

Appearances 

Petitioner, CHRISTINA LYNN FLETCHER, appeared in person and through attorney of 

record, CHARLES S. CHAMBERS. 

Respondent, ROBERT HUGH FLETCHER, appeared in person and through attorney of 

record, ROBERT SULLIVAN, and armounced ready for trial. 

Record 

The record of testimony was du1y reported by the Official Court Reporter for the 23 7th 

District Court. 

Jurisdiction and Domicile 

The Court finds that the pleadings of Petitioner are in due form and contain all the 

allegations, information, and prerequisites required by law. The Court, after receiving evidence, 

finds that it has jurisdiction over this cause of action and the parties and that at least 60 days have 

elapsed since the date the suit was filed. The Court fmds Petitioner has been a domiciliary of this 

state for at least a six-month period preceding the filing of this action and a resident of the county 

in which this suit is filed for at least a 90-day period preceding the filing of this action. All persons 

1 

DL 
59

entitled to citation were properly cited. 

A jury was waived, and all questions of fact and of law were submitted to the Court. 

Divorce 

IT IS ORDERED AND DECREED that CHRISTINA LYNN FLETCHER, Petitioner, and 

ROBERT HUGH FLETCHER, Respondent, are divorced and that the marriage between them is dissolved on the ground of insupportability. 

Children of the Marriage 

The Court finds that there is no child of the marriage and that none is expected. 

Division of Marital Estate 

The Court finds that the following is a just and right division of the parties' marital estate, 

having due regard for the rights of each party and the children of the marriage. 

IT IS ORDERED AND DECREED that the estate of the parties is divided as follows: 

Petitioner is awarded the following as Petitioner's sole and separate property,and Respondent 

is divested of all right, title, interest, and claim in and to such property: 

1. The real property in Lubbock County, Texas, further described on Exhibit "B" and 

attached hereto and incorporated herein as if set forth verbatim, together with all 

debt thereon as of March 1, 2015, to wit: 

2. All household furniture, furnishings, fixtures, goods, appliances, and equipment 

in the possession of or subject to the sole control of Petitioner. 

The following furniture, furnishings, fixtures, goods, appliances, and equipment: 

3. All clothing, jewelry, and other personal effects in the possession of or subject to 

the sole control of Petitioner. 

2 
60

4. Any and all sums of cash in the possession of or subject to the sole control of 

Petitioner, including money on account in banks, savings institutions, or other 

financial institutions, which accounts stand in Petitioner's sole name or from which 

Petitioner has the sole right to withdraw funds or which are subject to Petitioner's 

sole control. 

5. Any and all sums, whether matured or unmatured, accrued or unaccrued, vested 

or otherwise, together with all increases thereof, the proceeds therefrom, and any 

other rights related to any profit-sharing plan, retirement plan, pension plan, 

employee stock option plan, employee savings plan, accrued unpaid bonuses, or other 

benefit program existing by reason of Petitioner's past, present, or future 

employment. 

6. Any and all policies oflife insurance insuring the life of Petitioner. 

7. Any and all stocks, bonds, and securities registered in the name of Petitioner, 

together with all dividends, splits, and other rights and privileges in connection 

therewith. 

8. The 2012 Chevrolet Silverado Pickup, VINNo. 3GCPCTE06CG234837 together 

with all insurance, keys and title documents. 

9. The business known as Animal Medical Center of Wolfforth , including but not 

limited to all furniture, fixtures, machinery, equipment, inventory, cash, accounts, 

goods, and supplies; all personal property used in connection with the operation of 

such business; and any and all rights and privileges, past, present, or future, arising 

out of or in connection with the operation of such business, together with all 

indebtedness thereon. 

I 0. The following livestock with all transfer and registration documents; 

The mare known as Maggie and her foal; 

The mare known as Biddy; 

The gelding known as Rooster; 

The gelding known as Apache; 

The mare known as Cherokee. 

11. The following livestock trailers together with all prepaid insurance, keys, and 

title documents: 

The 2008 S&H livestock trailer VINNo. 140HG132591092140 

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61

A white bwnper pull 3 horse slant load trailer in the possession of Respondent, 

VIN Nwnber unknown. Respondent is immediately ordered to return same to 

Petitioner. 

The white gooseneck trailer in Petitioner's possession, VIN Nwnber 

12. All personal property, other than that specifically awarded to Respondent located 

at Petititoner' s current residence and in the possession of Petitioner. 

13. The Smarty roping dwnmy. 

14. The business known as,Animal Medical Center of Wolfforth, together with all inventory, equipment, furniture, fixtures and accounts receivable, together with all debt 

thereon as of March I, 2015 .. 

Respondent is awarded the following as Respondent's sole and separate property, and 

Petitioner is hereby divested of all right, title, interest, and claim in and to such property: 

I. The following real property, including but not limited to any escrow funds, 

prepaid insurance, utility deposits, keys, house plans, warranties and service 

contracts, and title and closing docwnents: 

The real property in Lubbock County Texas, further described on Exhibit "C" 

attached hereto and incorporated herein as if set forth verbatim; 

The real property described as Lot Five Hundred Forty Six (546) Farrar Estates 

Addition to the City of Lubbock, Lubbock County, Texas, according to the Map, 

Plat or Dedication Deed thereof recorded in Volwne 1417, Page 480 of the Deed 

Records of Lubbock County, Texas., together with all indebtedness thereon. 

2. All household furniture, furnishings, fixtures, goods, appliances, and equipment 

in the possession of or subject to the sole control of Petitioner. 

3. All clothing, jewelry, and other personal effects in the possession of or subject to 

the sole control of Petitioner. 

4. Any clothing, jewelry, and other personal effects belonging to Respondent which 

remain in the possession of Petitioner. 

5. Any and all swns of cash in the possession of or subject to the sole control of 

Petitioner, including money on account in banks, savings institutions, or other 

fmancial institutions, which accounts stand in Petitioner's sole name or from which 

Petitioner. 

4 
62

6. Any and all sums, whether matured or unmatured, accrued or unaccrued, vested 

or otherwise, together with all increases thereof, the proceeds therefrom, and any 

other rights related to any profit-sharing plan, retirement plan, pension plan, 

employee stock option plan, employee savings plan, accrued unpaid bonuses, or 

other benefit program existing by reason of Petitioner's past, present, or future 

employment. 

7. Any and all policies of life insurance insuring the life of Respondent. 

8. Any and all stocks, bonds, and securities registered in the name of Petitioner, 

together with all dividends, splits, and other rights and privileges in connection 

therewith. 

9. The 2013 Chevrolet Pickup, YIN No. 3GCPKSE73DG34134,together with all prepaid 

insurance, keys and title documents, together with all indebtedness thereon. 

I 0. The business known as Bobby Fletcher Auctioneers, including but not limited to all 

furniture, fixtures, machinery, equipment, inventory, cash, accounts, goods, and 

supplies; all personal property used in connection with the operation of such 

business; and any and all rights and privileges, past, present or future, arising out of 

or in connection with the operation of such business, together with all indebtedness 

thereon. 

11. The ATV/4 Wheeler in Respondent's possession. 

12. The following livestock together with all transfer and registration papers: 

The gelding known as Platinum; 

The gelding known as Chubby; 

The gelding known as Gallo. 

13. The following livestock trailers, together with all prepaid insurance, keys and title 

documents: 

The red bumper bull2 horse trailer in Respondent's Possession, VIN Number 

The gooseneck trailer in Respondent's possession, VIN Number 

14. Any and all personal property, other than that specifically awarded to Petitioner, 

located at the current residence of Respondent and in the possession of Respondent. 

IT IS ORDERED AND DECREED that Petitioner shall pay, as a part of the division 

of the estate of the parties, the following debts and obligations and shall indemnifY and hold 

5 
63

Respondent and Respondent's property harmless from any failure to so discharge these debts and 

obligations: 

1. The balance due, including principal, interest, tax, and insurance escrows, on that 

certain promissory note executed by Robert Hugh Fletcher , in the original principal 

sum of$ 200,000 .00 , dated , payable to People's Bank , and secured by 

deed of trust on the real property herein awarded to Petitioner and recorded at 

Volume , Page , Deed of Trust Records of Lubbock County, Texas, and shall 

refinance the debt solely in her name, on or before thirty (30) days following the 

execution hereof. 

2. The balance due, including principal, interest, and all other charges, on any 

promissory notes payable to , and given as part of the purchase price of and secured 

by a lien on the motor vehicle awarded to Petitioner. 

3. The following debts, charges, liabilities, and obligations: 

4. Any and all debts, charges, liabilities, and other obligations incurred solely by 

Petitioner, from and after January 25,2014 unless express provision is made in this 

decree to the contrary. 

5. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or 

to become due on the real and personal property awarded to Petitioner in this decree 

unless express provision is made herein to the contrary. 

IT IS ORDERED AND DECREED that Respondent shall pay, as a part of the division of the 

estate of the parties, the following debts and obligations and shall indemnifY and hold Petitioner and 

Petitioner's property harmless from any failure to so discharge these debts and obligations: 

1. All debt incurred solely in the name of Respondent, other than that specifically awarded 

to Petitioner. 

Propertv To Be Sold 

It is order that the attorneys for the parties confer and agree to a neutral, third party real estate broker 

or agent to list and sell the property described on Exhibit "A" hereto, with the proceeds of the 

property, less closing costs of any nature, to be split equally between Petitioner and Respondent upon 

sale of the property set forth on Exhibit "A". 

Notice 

IT IS ORDERED AND DECREED that each party shall send to the other party, within three 

6 
64

days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any 

potential liability of the other party. 

Attorney's Fees 

To effect an equitable division of the estate of the parties and as a part of the division, and 

for services rendered in connection with conservatorship and support of the children, each party shall 

be responsible for his or her own attorney's fees incurred as a result of legal representation in this 

case. 

Perfonnance of Decree 

IT IS ORDERED that each of the parties shall execute and deliver to the other, within ten 

days upon request, all deeds, payments of money, certificates of title, assignments, change of 

beneficiary on insurance policies, powers of attorney or other things or documents necessary to fully 

effectuate this Decree. 

This decree shall serve as a muniment of title to transfer ownership of all property awarded 

to any party in this final decree of divorce. 

Court Costs 

Costs of court are to be borne by the party by whom costs were incurred. 

Clarifying Orders 

Without affecting the finality of this Decree of Divorce, this Court expressly reserves the 

right to make orders necessary to clarify and enforce this decree. 

Restraining Order 

It is ordered that neither party shall disturb or molest the peace of the other party in any manner, 

including but not limited to deliberate following, entering onto each others property without express 

7 
65

invitation, terminating any utility service in the name of any party, looking through windows and 

doors of property belonging to each party and making disparaging remarks about either party to a 

party or any third party. 

Change of Name 

It is ordered that Petitioners previous surname of COKER is hereby restored. 

Relief Not Granted 

IT IS ORDERED AND DECREED that all relief requested in this cause and not expressly 

granted is denied. 

Date of Judgment 

SIGNED on theb"'" day of f}v.uJ 1 , 2015. 

APPROVED AS TO FORM ONLY: 

8 
66

" 

'' 

EXHIBIT A 

SURFACE ESTATE ONLY of a part of the West Half (W/2) of Secllon 104, Block T, o & 

W Ry. co. SUrvey In TerJY CoUnty, T8ll88, dascrlbed by maleS and bounds as faRows, to. 

wit 

BEGINNING at a point, a =spike, set for 1he Northeast comer of the West half of SeotiOn 

104, far the Nolthlaat and begb111lnQ comer or lhllti'IICI; 

THENCE Sauftl 0"10' East along !he East line of uld Weet halt, a distance of 1221-8 feet 

tc a lOCI eat for lhe Southeast comer of lhls tract; 

lliENCE SDUih 8&"18'30" Wnt a dlstance or 612.78 reet to a rcld set for the Southeast 

comer of Oebo Tract dascrlbad In Volume 383, Page II, Oeecl Records, Teny County, 

Texaa, enc! for tho mast Eaafarty and most Soulherfy Southwest comer of lhl& lriiCI; 

lliENCE Nollh 0"19' Wasta dlstanlll of743.63 feet to rod sat for a comer aflhls tract, the 

Northeast comer ot said Gebo Tract; 

THENCE 8olllh 89"33'30" West 11 clfatance or 366.15 feet to red sat In the East right .of-way line of u.s. Highway 02, the lllatlhWUt comer of the Gebo Trad, the most Westerly and 

mast Nort11811y SOulhweat comer of thlsirad; 

THENCE North 22"50' Eaat along 11\e east Rlght.of-Way One of U.S. Highway No. 82, a 

distance of 543.8 feet to a spike lnlha Nallh line Of 5eCIIOn 104, for tha Nollhwast comer 

of this tracl; 

THENCE South 891147' Eut a dlsl&nce of 750 feet tc the Place Of Beginning, containing 

111.90 aCillll, I11CAI or 1111, 

SAVE AND EXCEPT a 5.0 acre Inlet described by deld da!Sd August 13, 1091, recorded 

In Volume G13, Page 882, Oftlelal Pllbllc Raconls, Tarry County, Texas, as further _ 

dscribed by metes and bounds as followl, to-wit: 

BEGINNING at a % Inch ateel rod eet In lhe NcRttt line of Section 104, that beara North 

89047' West 3042.27feat from 11 ~ lnch pipe found at the Northeast comer of SecUon 104, 

BlodcT; 

THENCE South 00"19' East. at 20 feet pau the SOuth !Ina of a PBV8d county road, 

conltluJng 111 dletance of 4118.86 filet ror 111!1 S11Uiheast comer of 11118 Inlet; 

THENCE South 89"33'30" West 543.83 feet tc a ~ Inch ateel rod found for lhe Northwest 

comer gt a 2.62 acre tract end the SuulllWeat c:omer or thfs tract; 

THENCE Nanh 22"55' East, along the SOu11181et rlgllt-of·way 11f U.S. Hfghway62, 543.80 

r.t 1a a found a pike In the Nor1h lin• of Section 104, for the Northwest comer of this tract 

and tha Northwest c:omar of a 19.90 acre ll'llcl described In Voful!l& 393, Page 825 of tha 

Teny COunty Deed Recorda; 

lliENC!! South 89"47' East, along the North line ot Sedlon 104, 329.31 feet tc fha Place 

of Beginning. 

r ;~- - .. 

VOL 7 7 2 PAGE 0 0 7 6 
67

A tract of land out of Section 31, Block D-6., Lubbock 

County, Texas and being more particularly described 

as follows: 

BEGINNING at a 3/B" iron.rod, set for the Northeast 

and beginning corner of this tract, whence the 

Northwest ·corngr of the Northeast 1/4 of Section 31, 

bears North 87 51'00" East, 500.32 feet and North 

1916.95 feet, 

THENCE South, 300.00 feet to a 1/211 iron rod, set for the Southea~t corner of this tractt 

THENCE South 87°51'00" West, 100.10 feet "to a 1/2" 

iron rod , set for the Southwest corner of this tract; 

THE!lCE North, 300.00 feet to a 1/2" rod,set for 

the Northwest corner of this tract;_ 

THENCE North 87°51'00'' East, 100.10 feet to. +_B.e p/irft 

of the beginning • 

. CONTAINING 0869 acres. 
68

FIELD NOTES of a 40.00 foot X 685.00 foot tract of land, more or 

less, located in the Northwest Quaiter (NW/4) of Section Twenty-Three 

(23), Block CB, Lubbock County, Texas, and being further described as fo~~ows: 

BEGINNING at a 1/2" iron rod set in the West line of said Section 

23, North 00°07'15" West, a distance of 1488.98 feet from a 3/4" iron 

pipe found for the Southwest corner of said Northwest Quarter (NW/4); 

THENCE North 89.51'33" East, at 30.00 feet pass a 1/2" iron rod set 

for the East line of County Road 1000, in all, a total distance of 

685.00 feet to a 1/2" iron rod set for a corner of this tract; 

THENCE South 00"07'15" East, a distance of 40.00 feet to a 1/2" 

iron rod set for a corner of this tract; 

THENCE South 89°51'33" West, at 660.00 feet pass a 1/2" iron rod 

set for the East line of County Road 1000, in all, a total distance of 

685.00 feet to a 1/2" iron rod set in the West line of said Section 23 

for a corner of the tract; 

THENCE North 00°07'15" West, a distance of 40.00 feet to the !?lace 

of Beqinning; 

SUBJECT TO mineral and/or royalty reservations and restrictive 

covenants of record; and subject to easements and riqhts-of-way of 

record or v~8ib~e on the g~ound. 

Warranty Deed 

Page 1 
69

1 

.2 

~ ~~ h --- gp~c/J5- cr<roy32 

UfG..a"-t o Ao ~ 

MR. SULLIVAN: There is a lot, yes, sir. 

THE COURT: And I would like to have your 

3 proposal in writing. 

4 MR. SULLIVAN: I will certainly do that 

5 Your:- __ Ho~or, ye!j : . . 

6 THE COURT: Let's meet back here at 

7 one o'clock. It is about 12:15. Forty-five minutes 

8 ought to be sufficient time for you to draft that and 

9 get it back to me. 

10 MR. SULLIVAN: Absolutely. I can do it 

11 right now, if you want, Your Honor. 

12 

13 

THE COURT: Just write it out then. 

MR. SULLIVAN: Yeah, absolutely. My office 

14 is across town. 

15 THE COURT: So let's take about a 20 minute 

16 recess. Is that sufficient time, 25 minutes? 

17 MR. SULLIVAN: Abs~lutely, Your Honor. 1:;. 

18 will have this done in about five. 

19 

20 

(Recess.) 

THE COURT: Rather than trying to find i~ 

21 in the petition, Mr. Chambers, what is that name--

~:~~~~;~:-~win be Chci•<foa Cokec 

24 THE COUliT: 0-D-0-M. All right. 

25 Ms. Fletcher, I will grant you the name change. 

TERR! RAMSEY, CCR, RPR 806.775.1028 
70

133 

1 hereby ordered to be changed to Coker Odom, okay. 

2 With respect to di vision of the property as 

3 testified to, Items One through Five, which I previously 

4 misread, Mr. Chambers proposed disposition of issues, 

5 those items, -~h~ pickups to each other, the horses, to 

6 the personal items in each other'$ possession, to the --

7 with the e~ception that Ms. Fletcher -- o~ 

8 Ms. Odom now is ordered to return to Mr. Fletcher 

s Mr. Fletcher's dad's saddle, his saddle, ----~------

10 Ms. Fletcher -- Ms. Ddom gets to keep the 

11 saddle that Mr. Fletcher gave her. She is ordered to -···---~-----·-::=-;:·'-""'~,-:;~:::.:-.:.:..:·.:.:..--:::::.:.-=:.:..-,..~----

12 return hiQolex watch, ... -' --.:=-..:=""''"',......__,_,~ ...... 

13 MR. CHAMBERS: Masonic ring? 

14 THE COURT: There was something else. 

15 Well, what other personal items he may have in the 

16 house? 

17 MR. SULLIVAN:~--:~-~-;-,--~ r Honor. 

18 THE COURT: I'm sorry? 

19 MR. SULLIVAN: A ring, Your Honor. 

20 THE COURT: With respect to Exhibit Numl're-r 

21 Nine, not having any evidence to the contrary to rebut 

22 the same, I find that that property belongs to -- ----------- 23 Mr. ·Fre.tcher · s daughters. And ; f he has any ; nterest ; n --------- 24 it, he is hereby deprived of it totally. 

25 

TERRI RAMSEY, CCR, RPR 806.775.1028 
71

134 

1 it is .hereby_ or-dered sol d. and the pr.oceeds divided 

2 . between the- twa partie-s ... r am· crr<l-ert.ng .. tb.e a,ttonreysc to . 

3 . a,9ree on an i nd.epe.ndent br-o-ker or oth.er agent 

4 kn.owledgeable about thi·s type of real estate so he or 

5 she can ac.qutre the- bes.t· s.eJl.i.ng; prt.ce. 

6 

7 property, along with its debt. Ms. Odom is awarded the 

.------ .. 8 Woodrow house and its debt. Mr. Fletcher is awarded the 

9 2004, as I recall the evidence, gooseneck horse trailer, 

10 along with a red horse trailer. Ms. Odom will have the 

11 -- she will be awarded the remaining horse trailers. 

12 There was some confusion as to whether there were 

13 actually four or five of those trailers, but the 

14 remainder of the trailers will go to her. 

15 Ms. Odom will get the Smarty roping dummy, 

16 Mr. Fletcher will get the 4 Wheeler. Mr. Fletcher is 

17 awarded the 200 by 300 lot in Wolfforth, along with 

18 whatever items are contained on the property and will 

19 maintain his auction business there along with any other 

20 items that are on the property. That goes to some horse 

21 pens or something like that. And Ms. Odom is awarded 

22 the other property along with the vet clinic and 

23 whatever items are contained on that lot. 

24 I am not going to make any ruling on the 

25 $7,000 because I don't know -- I don't have sufficient 

TERRI RAMSEY, GCR, RPR 806.775.1028 
72

135 

1 evidence to determine what that money was used for by 

2 whoever took it. If it was Ms. Odom, she may use it to 

3 pay for community debts. I don't know. So I will not 

4 make a ruling on that. 

5 Kave I left out anything? 

6 MR. CHAMBERS: No, sir. We1l, I don't see 

7 anything. 

8 THE COURT: Who will I get to prepare the 

9 order, Counsel? 

10 MR. CHAMBE.RS: I will prepare it, sir, I 

11 filed the petition. 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

(Proceedings concluded.) 

TERRI RAMSEY, CCR, RPR 806 . 775. 1028 
73

1 REPORTER'S CERTIFICATE 

2 THE STATE OF TEXAS ) 

COUNTY OF LUBBOCK ) 

3 

136 

4 I, Terri Ramsey, Official Court Reporter in and for 

5 the 237th District Court of Luhbock County, State of 

6 Texas, do hereby certify that the above and foregoing 

7 contains a true and correct transcription of all 

8 portions of evidence and other proceedings requested in 

9 writing by counsel for the parties to be included in 

10 this volume of the Reporter's Record, in the 

11 above-styled and numbered cause, all of which occurred 

12 in open court or in chambers and were reported by me. 

13 I further certify that this Reporter's .RecQrd of 

14 the proceedings truly and correctly reflects the 

15 exhibits, if any, admitted by the respective parties. 

16 I further certify that the total cost for the 

17 preparation of this Reporter's Record is $ __ 

18 was paid by 

19 WITNESS MY OFFICIAL HAND this the 7th day of 

20 November, 2014. 

21 

22 

23 

24 

25 

Terri Ramsey, Texas CSR 5537 

Date of Expiration: 12/31/15 

Official Court Reporter 

237th District Court 

P.O. Box 10536 

Lubbock, Texas 79408 

(806) 775-1028 

TERRI RAMSEY, CCR, RPR 806.775.1028 

and 
§ 7.001. General Rule of Property Division, TX FAMILY § 7.001

 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1

Vernon's Texas Statutes and Codes Annotated

Family Code (Refs & Annos)

Title 1. The Marriage Relationship (Refs & Annos)

Subtitle C. Dissolution of Marriage

Chapter 7. Award of Marital Property

V.T.C.A., Family Code § 7.001

§ 7.001. General Rule of Property Division

Currentness

In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems

just and right, having due regard for the rights of each party and any children of the marriage.

Credits

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

Notes of Decisions (2203)

V. T. C. A., Family Code § 7.001, TX FAMILY § 7.001

Current through the end of the 2015 Regular Session of the 84th Legislature

End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 3.001. Separate Property, TX FAMILY § 3.001

 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1

Vernon's Texas Statutes and Codes Annotated

Family Code (Refs & Annos)

Title 1. The Marriage Relationship (Refs & Annos)

Subtitle B. Property Rights and Liabilities

Chapter 3. Marital Property Rights and Liabilities (Refs & Annos)

Subchapter A. General Rules for Separate and Community Property (Refs & Annos)

V.T.C.A., Family Code § 3.001

§ 3.001. Separate Property

Currentness

A spouse's separate property consists of:

(1) the property owned or claimed by the spouse before marriage;

(2) the property acquired by the spouse during marriage by gift, devise, or descent; and

(3) the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity

during marriage.

Credits

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

Notes of Decisions (1520)

V. T. C. A., Family Code § 3.001, TX FAMILY § 3.001

Current through the end of the 2015 Regular Session of the 84th Legislature

End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 3.002. Community Property, TX FAMILY § 3.002

 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1

Vernon's Texas Statutes and Codes Annotated

Family Code (Refs & Annos)

Title 1. The Marriage Relationship (Refs & Annos)

Subtitle B. Property Rights and Liabilities

Chapter 3. Marital Property Rights and Liabilities (Refs & Annos)

Subchapter A. General Rules for Separate and Community Property (Refs & Annos)

V.T.C.A., Family Code § 3.002

§ 3.002. Community Property

Currentness

Community property consists of the property, other than separate property, acquired by either spouse during marriage.

Credits

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

Notes of Decisions (85)

V. T. C. A., Family Code § 3.002, TX FAMILY § 3.002

Current through the end of the 2015 Regular Session of the 84th Legislature

End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.
§ 3.003. Presumption of Community Property, TX FAMILY § 3.003

 © 2015 Thomson Reuters. No claim to original U.S. Government Works. 1

Vernon's Texas Statutes and Codes Annotated

Family Code (Refs & Annos)

Title 1. The Marriage Relationship (Refs & Annos)

Subtitle B. Property Rights and Liabilities

Chapter 3. Marital Property Rights and Liabilities (Refs & Annos)

Subchapter A. General Rules for Separate and Community Property (Refs & Annos)

V.T.C.A., Family Code § 3.003

§ 3.003. Presumption of Community Property

Currentness

(a) Property possessed by either spouse during or on dissolution of marriage is presumed to be community property.

(b) The degree of proof necessary to establish that property is separate property is clear and convincing evidence.

Credits

Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

Notes of Decisions (532)

V. T. C. A., Family Code § 3.003, TX FAMILY § 3.003

Current through the end of the 2015 Regular Session of the 84th Legislature

End of Document © 2015 Thomson Reuters. No claim to original U.S. Government Works.