Title: VICKEY JORDAN-NOLAN, APPELLANT v. JIMMY NOLAN, APPELLEE
Court: Court of Appeals Seventh District of Texas at Amarillo
Case Number: 07-12-00431-CV
Date: Jul 28, 2014
Fact:
Vickey and Jimmy were married in May 2009 but separated two years later. Both had been previously married, and Jimmy had a disabled son from his prior marriage. Jimmy and his first wife, who died in 2008, started a 501(c)(3) business in 2003 for disabled individuals called “Rafter Js” and “Rafter J Exceptional Rodeo.” The business included rodeo-related equipment and animals and was available for events, parties, schools, and rehabilitation purposes.
Issue:
- The issues presented in this case are:
- Whether the trial court abused its discretion in denying Vickey’s motion for continuance when her attorney withdrew, resulting in a denial of due process and an unfair division of the community estate.
- Whether the trial court erred in entering a decree that reflected an agreement between the parties when no such agreement existed.
- Whether the trial court abused its discretion in dividing the community estate that was unjust and materially disproportionate.
Decision:
- The court ruled as follows:
- The trial court did not abuse its discretion in denying Vickey’s motion for continuance as she failed to show that the lack of representation was not due to her own fault or negligence.
- The trial court erred in entering a decree that suggested an agreement between the parties when none existed. The court modified the decree accordingly.
- The trial court did not abuse its discretion in making a division of the community estate, as Vickey failed to present evidence to contradict Jimmy’s evidence regarding the estate division. Therefore, issue three was overruled.