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Moseley v. Gandee

Court of Appeals of Texas, Second District, Fort Worth

June 21, 2018

DALE WAYNE MOSELEY APPELLANT
v.
DIANNA RUTH GANDEE APPELLEE

          FROM THE 367TH DISTRICT COURT OF DENTON COUNTY TRIAL COURT NO. 2012-50467-367

          PANEL: SUDDERTH, C.J.; GABRIEL and KERR, JJ.

          MEMORANDUM OPINION [1]

          BONNIE SUDDERTH CHIEF JUSTICE

         Appellant Dale Wayne Moseley appeals the trial court's orders granting Appellee Dianna Ruth Gandee's motion to enforce the parties' divorce decree, appointing a receiver, and denying Moseley's motion to enforce. We affirm.

          Background

         Moseley and Gandee married in 2003. The trial court rendered a final divorce decree in May 2015. Under the headings "Reimbursement Claims" and "Equalization Judgment," the decree included the following:

         Reimbursement Claims

The Court finds that the husband DALE WAYNE MOSELEY is entitled to reimbursement from DIANNA RUTH GANDEE's separate property estate in the sum of $38, 000.00 for pre-marriage payments to reduce the debt on wife's separate McReynolds[] house.
The Court finds that the community estate is entitled to reimbursement from DIANNA RUTH GANDEE's separate property estate in the amount of $22, 000.00 for community payments to reduce the debt on wife's separate property McReynolds[] house.
The Court finds that wife DIANNA RUTH GANDEE is entitled to a reimbursement from the community estate in the amount of $217, 000.00 for her separate property contribution to the purchase of the Crow Wright house.

         Equalization Judgment

IT IS DECREED AND ORDERED that . . . the wife DIANNA RUTH GANDEE is awarded a judgment of $45, 441 against DALE WAYNE MOSELEY as part of the fair and equitable division of the community estate.

         Moseley requested findings of fact and conclusions of law. In July 2015, the trial court made the following conclusion of law, among others:

         Conclusions of Law - 50/50 ...


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