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C.S.S. v. A.S.
Date: 09-12-2024
Case Number: D-1-FM-19-4143
Judge: Maria Cantu Hexsel
Court: 419th District Court, Travis County, Texas
Plaintiff's Attorney:
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Defendant's Attorney:
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Description:
The parties were informally married in September 2003, they ceased living together in 2017 or 2018, and Husband filed for divorce in June 2019.[1]
The bench trial occurred in October 2022. The parties' disputes concerned the division of the community estate. During their marriage, the parties generally kept their finances separate, but relevant to this appeal, they formed La Tierra de Simmons Familia, Ltd., and Magic Couple, Inc., the 1% general partner of La Tierra. At the time of the parties' divorce, La Tierra owned commercial properties. In the final decree, the trial court awarded La Tierra and Magic Couple to Wife and, based in part on the trial court's determinations of the values of La Tierra's commercial properties, equalized the division of the community estate by awarding Husband $7,613,744.84. The trial court ordered Wife to pay this amount in three equal lump-sum payments of $2,537,914.95, due 180, 360, and 540 days after the final decree was signed and entered.
Both parties testified and presented expert witness testimony as to real property values in the community estate, including opinions as to the values of La Tierra's commercial properties. Wife's expert prepared reports in April 2021 of his opinions on real property values, which reports were admitted as exhibits, but testified that he would need to do "more due diligence" to provide opinions as to market values at the time of trial. He believed that market conditions had changed and that some of the property values had "[l]ikely" increased but also testified that a few of the properties had not increased in value. Husband's expert provided "back of the napkin" opinions of current market values. In response to a motion for reconsideration and without objection from Husband, Wife also provided the trial court with a spreadsheet that included tax appraisal values of La Tierra's commercial properties, which the trial court admitted as an exhibit in the case. The trial court granted the motion for reconsideration in part and increased its determinations of the values of La Tierra's commercial properties for purposes of its division of the community estate.
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C. S. S. v. A. S., 03-23-00523-CV (Tex. App. Sep 12, 2024)
Austin, Texas divorce lawyers represented husband and wife in a marriage dissolution.
The parties were informally married in September 2003, they ceased living together in 2017 or 2018, and Husband filed for divorce in June 2019.[1]
The bench trial occurred in October 2022. The parties' disputes concerned the division of the community estate. During their marriage, the parties generally kept their finances separate, but relevant to this appeal, they formed La Tierra de Simmons Familia, Ltd., and Magic Couple, Inc., the 1% general partner of La Tierra. At the time of the parties' divorce, La Tierra owned commercial properties. In the final decree, the trial court awarded La Tierra and Magic Couple to Wife and, based in part on the trial court's determinations of the values of La Tierra's commercial properties, equalized the division of the community estate by awarding Husband $7,613,744.84. The trial court ordered Wife to pay this amount in three equal lump-sum payments of $2,537,914.95, due 180, 360, and 540 days after the final decree was signed and entered.
Both parties testified and presented expert witness testimony as to real property values in the community estate, including opinions as to the values of La Tierra's commercial properties. Wife's expert prepared reports in April 2021 of his opinions on real property values, which reports were admitted as exhibits, but testified that he would need to do "more due diligence" to provide opinions as to market values at the time of trial. He believed that market conditions had changed and that some of the property values had "[l]ikely" increased but also testified that a few of the properties had not increased in value. Husband's expert provided "back of the napkin" opinions of current market values. In response to a motion for reconsideration and without objection from Husband, Wife also provided the trial court with a spreadsheet that included tax appraisal values of La Tierra's commercial properties, which the trial court admitted as an exhibit in the case. The trial court granted the motion for reconsideration in part and increased its determinations of the values of La Tierra's commercial properties for purposes of its division of the community estate.
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C. S. S. v. A. S., 03-23-00523-CV (Tex. App. Sep 12, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of C.S.S. v. A.S.?
The outcome was: Affirmed
Which court heard C.S.S. v. A.S.?
This case was heard in 419th District Court, Travis County, Texas, TX. The presiding judge was Maria Cantu Hexsel.
Who were the attorneys in C.S.S. v. A.S.?
Plaintiff's attorney: Click Here For The Best Austin Divorce Lawyer Directory. Defendant's attorney: Click Here For The Best Austin Divorce Lawyer Directory.
When was C.S.S. v. A.S. decided?
This case was decided on September 12, 2024.