Joyce Ann Sarro v. Michael A. Sarro ( 2015 )

ACCEPTED
04-15-00392-CV
FOURTH COURT OF APPEALS
SAN ANTONIO, TEXAS
11/23/2015 4:06:24 PM
KEITH HOTTLE
CLERK
04–15–00392–CV
In the Court of Appeals
FILED IN
4th COURT OF APPEALS
Fourth Court of Appeals District of Texas SAN ANTONIO, TEXAS
11/23/2015 4:06:24 PM
KEITH E. HOTTLE
Clerk
Appeal from the 73rd Judicial District Court
Bexar County, Texas
Trial Court No. 1998–CI–03821
Joyce Ann Sarro
v.
Michael A. Sarro
Amended Brief for Appellant Joyce Ann Sarro
R. Robert Willmann, Jr.
Attorney at Law
P.O. Box 460167
San Antonio, Texas 78246
Tel 844.244.9973
Temporary Fax 361.552.4305
Bar No. 21655960
Attorney for Appellant
Identity of Parties and Counsel
Joyce Ann Sarro
Was the respondent in the divorce and is the appellant on appeal.
John A. Mead
Attorney at Law
310 S. St. Mary’s Street, Suite 1470
San Antonio, Texas 78205
Was the attorney for Joyce Ann Sarro for much of the case in the trial court.
R. Robert Willmann, Jr.
Attorney at Law
P.O. Box 460167
San Antonio, Texas 78246
Attorney on appeal for Joyce Ann Sarro.
Michael A. Sarro
Was the petitioner in the divorce and is the appellee in the appeal.
Rachel Sadovsky
Cordell and Cordell
10101 Reunion Place, Suite 250
San Antonio, Texas 78216
Attorney for appellee Michael A. Sarro; there were two or three other attorneys who
represented Appellee in the trial court before Ms. Sadovsky.
i
TABLE OF CONTENTS
Identity of Parties and Counsel ................................................................... i
Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
Index of Authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
References to the Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Statement of the Case ............................................................................. 3
Statement Regarding Oral Argument ............................................................3
Issues Presented ....................................................................................4
Statement of Facts ................................................................................. 4
Summary of Argument ............................................................................4
Argument ........................................................................................... 5
Issue Number One . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Lack of record and new trial
Issue Number Two . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Motion for new trial and the lack of a record
Conclusion and Prayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Certificate of the Length of the Brief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Certificate of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
A. Final Decree of Divorce in 2015
B. Order denying a new trial in 2015
C. First Decree of Divorce
D. Order granting a new trial on property
E. Judge’s notes for briefing on the effective date of divorce
F. Letter on judge’s determination of the effective date of divorce
G. Tex. R. App. P. 34.6 and 34.6(f)
ii
INDEX OF AUTHORITIES
Cases
Bauserman v. Unimax Express, Inc.,
No. 14-06-00077-CV, 2006 Tex. App. Lexis 9347 (Tex. App.–Houston [14th Dist.]
October 26, 2006, no pet.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
In the interest of K.R.M.,
No. 11-11-00312-CV, 2012 Tex. App. LEXIS 2696 (Tex. App.–Eastland April 5, 2012,
no. pet.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Smith v. Smith,
143 S.W.3d 206 (Tex. App.–Waco 2004, no pet.) ............................................. 8
Texas Rules of Appellate Procedure
Tex. R. App. P. 34.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9, 10
Tex. R. App. P. 34.6(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4, 5, 7, 8
Tex. R. App. P. 38.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Texas Rules of Civil Procedure
Tex. R. Civ. P. 320 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
iii
04–15–00392–CV
In the Court of Appeals
Fourth Court of Appeals District of Texas
Appeal from the 73rd Judicial District Court
Bexar County, Texas
Trial Court No. 1998–CI–03821
Joyce Ann Sarro
v.
Michael A. Sarro
Amended Brief for Joyce Ann Sarro
Comes now appellant, Joyce Ann Sarro, and submits this amended brief regarding
decisions of the trial court, pursuant to Tex. R. App. P. 38.1.
References to the Record
The record consists of the clerk’s record in one volume and two volumes of reporter’s
records.
A request for a supplemental clerk’s record will be made because the Final Decree
of Divorce signed on April 1, 2015 was not in the clerk’s record (it is Appendix A), and
the order granting a new trial on property division was also not in the clerk’s record (it is
Appendix D). Also, the request will include a letter describing a ruling of the trial court,
which was admitted into evidence at the motion for new trial hearing and is Appendix F.
RR NT 4, line 1 to line 13.
1
The record was filed electronically and the computer file in pdf format was received
from the clerk with the following file name and the title appearing on the first page of the
file, along with the number of pages of the pdf computer file itself.
• 04-15-00392-CV CLK Record 8-19-15.pdf
Clerk’s Record (354 pdf pages)
Will be cited as CR [page] x, pdf [page] x.
The court reporter’s records are:
• 04-15-00392-CV RPT Record 8-20-15.pdf
Motion To Confirm Final Decree of Divorce (14 pdf pages)
Will be cited as RR CFD [page] x.
• 04-15-00392-CV RPT Record 8-4-15.pdf
Reporter’s Record, Honorable Barbara Nellermoe By Telephone, June 11, 2015
(14 pdf pages)
Will be cited as RR NT [page] x.
The clerk’s record will be referred to by CR for clerk’s record, followed by the page
number after CR, as the pages were numbered sequentially for the appeal beginning with a
page number one in each volume, and the clerk put a page number in the lower left hand
corner of each page where the documents began; the clerk’s page number will be followed
by the number of the pdf computer file, as they are different.
The reporter’s records will be cited as RR CFD, for the transcript of the hearing on the
Motion To Confirm the Final Decree of Divorce, and RR NT, for the hearing on the Motion
for New Trial, followed by the page number and any line number.
The parties and witnesses may also be referred to by their given names, including first
or last names.
2
Statement of the Case
An Original Petition for Divorce was filed by appellee Michael Sarro. CR 1-12, pdf
162-173. This is a divorce case with one child who has a disability and an issue regarding the
division of retirement and pension benefits. After a divorce decree was signed, Appendix C,
a new trial was granted on property division of the marital estate. Appendix D. There were
additional proceedings, including regarding support for an adult child with a disability. CR
71-89, pdf 232-250.
A trial on the merits occurred in 2004, and then the issue emerged about when the
divorce was effective, whether it was at the time of the first divorce decree, before the partial
new trial, or at the time of the subsequent trial resulting in a new decree of divorce.
After another hearing, briefing to the judge in the trial court was requested. Appendix
E; CR 90, pdf 251. The divorce was determined to be effective at the time of the trial that
occurred on August 17, 2004, after the new trial was ordered. Appendix F; CR 110, pdf
271.
This resulted in a new final decree of divorce that was signed on April 1, 2015.
Appendix A.
After it was discovered that the court reporter’s notes no longer existed from the 2004
trial, appellant Joyce Sarro filed a motion for new trial. CR 94, pdf 255. After a hearing
the motion was denied. CR 326-327, pdf 487-488.
This appeal followed. CR 328-329, pdf 489-490.
Statement Regarding Oral Argument
Since the court reporter’s record of the trial on the merits cannot be prepared, and that
issue is addressed in a rule of appellate procedure, the case appears to be straight-forward
enough so that oral argument would not be especially helpful to the court. Therefore,
Appellant is not requesting oral argument.
3
Issues Presented
1. A record of the trial on the merits cannot be prepared because the original notes of
the court reporter no longer exist; thus, appellant should have a new trial pursuant to Tex.
R. App. P. 34.6(f), since the record is necessary to the resolution of an appeal regarding an
unequal division of retirement and pension benefits and deferred compensation.
2. The trial court erred in not granting a new trial for good cause because the court
reporter’s notes were no longer available to prepare a record for an appeal, meaning that
the unequal division of retirement benefits could not be reviewed on appeal.
Statement of Facts
Appellee Michael Sarro filed an Original Petition for Divorce on March 11, 1998. CR
1, pdf 162. After a court appearance of July 17, 1998, a decree of divorce was signed on
August 20, 1998. CR 13-41, pdf 174-202.
A motion for new trial was granted as to property on October 23, 1998. Appendix D.
An issue developed over when the divorce decree became effective, as there were two
court proceedings that would result in a divorce decree. There was a hearing to decide that
issue on April 4, 2014. RR CFD 4-13.
The motion for new trial and documents attached to Joyce Sarro’s motion for new trial
were admitted into evidence at the hearing on the motion for new trial. RR NT 4, line 1 to
line 13. CR 94-110, pdf 255-271.
Additional documents and testimony that are facts relating to the appeal are in the
record, and are referenced and cited under the arguments for the issues and points of error
presented below, so they will not be duplicated here.
Summary of the Argument
As is described in the argument below, and in the pleadings in the record, this case had
a difficult procedural history. Ultimately, an issue became evident regarding the division
4
of retirement and pension and deferred compensation as a result of the determination in
the trial court in 2014 that the date the divorce became effective was in 2004 rather than
1998. As such, this appealable issue required a record from the trial in 2004. However,
the notes to transcribe what occurred at the trial are no longer available. Thus, the matter
is presented under Tex. R. App. P. 34.6(f) that Appellant is entitled to a new trial, and the
issue in dispute regarding property division is a particular and identifiable one.
Argument
Issue Number One
1. A record of the trial on the merits cannot be prepared because the original notes of
the court reporter no longer exist; thus, appellant should have a new trial pursuant to Tex.
R. App. P. 34.6(f), since the record is necessary to the resolution of an appeal regarding an
unequal division of retirement and pension benefits and deferred compensation.
Issue Number Two
2. The trial court erred in not granting a new trial for good cause because the court
reporter’s notes were no longer available to prepare a record for an appeal, meaning that
the unequal division of retirement benefits could not be reviewed on appeal.
Through a series of unusual events in the procedural history of this case, including
the granting of a partial new trial on property division, proceedings regarding support for
a disabled child, several attorneys, and ambiguity about when the divorce was actually
effective, the case was pending for quite a number of years.
The case stalled out over the question of when the divorce was effective; was it at
the time of the first divorce proceeding on July 17, 1998, or at the time of the divorce trial
on August 17, 2004? An issue emerged regarding the division of retirement and pension
benefits as a result of the ambiguity over the effective date of the divorce and the granting
of a partial new trial on the question of property division.
5
The question of when the divorce was effective was not resolved until 2014. A hearing
was held on that issue on April 4, 2014. RR CFD 4-13. The parties were asked by the
judge in the trial court to submit briefing on that question. RR CFD 11, line 3 to p. 13, line
8. CR 90, pdf 251; CR 107-108, pdf 268-269.
The court determined that the divorce was effective at the time of the last trial on the
merits on August 17, 2004. CR 110, pdf 271. The parties were informed by letter that—
As a trial court cannot sever property issues from a divorce action, once the
new trial was granted that made the 1998 divorce decree interlocutory. The date
of the divorce is August 17, 2004, which is the date that Judge Nellermoe heard
the “final trial on merits of property issue” and reconfirmed all other terms of the
decree. Judge Tanner requests that Mr. Mead prepare a final Decree of Divorce
which indicates the August 17, 2004 date as the date of hearing and submit the
decree to Ms. Sadovsky for approval as to form.
CR 110, pdf 271.
An original divorce decree was signed on August 20, 1998, reciting that the case was
heard on July 17, 1998. CR 13-41, pdf 174-202.
The trial after the partial new trial was granted occurred on August 17, 2004. The
divorce decree resulting from that trial and which is the subject of this appeal is dated April
1, 2015, resulting from Judge Tanner’s ruling on when the divorce was effective.
From the splitting of the trials, and the additional court action over when the divorce
became effective, the language of the present divorce decree makes an unequal division of
pension and retirement benefits. On pages 28 and 29 of the divorce order, the division of
pension and retirement benefits is set forth. On page 29 as to Joyce Sarro, it orders a 50%
portion of retirement and deferred compensation plans of Michael Sarro to Joyce, “from
June 6, 1993 until July 17, 1998”, in each instance.
The parties were married on June 6, 1993. CR 2, pdf 163. The retirement and pension
and deferred compensation plans were divided equally until the time of the first divorce
6
proceeding. However, after the partial new trial was granted on the issue of property, and
the divorce was determined in 2014 to have been effective on August 17, 2004 rather than
July 17, 1998, none of the retirement and pension benefits, and deferred compensation, was
ordered for Joyce Sarro for the time period of July 17, 1998 to August 17, 2004. This has
resulted in an unequal division of the marital estate as to those items of property which can
be the subject of an appeal. However, the transcript of the trial starting on August 17, 2004
cannot be made into a record on appeal because the court reporter’s notes are no longer
available.
Joyce Sarro filed a motion for new trial in order to show that the court reporter could
not make a record of the trial. At that hearing, the motion for new trial and its four exhibits
were admitted into evidence. RR NT 4, line 1 to line 13. CR 94-111, pdf 255-272.
The exhibits included a statement from the court reporter that the notes no longer existed;
an affidavit from Joyce’s attorney, John Mead, explaining some of the reasons why the
procedural process in the case took as long as it did; the judge’s notes requesting briefing
on the issue of when the divorce was effective; and the letter describing the judge’s ruling
about the effective date of the divorce.
I.
Tex. R. App. P. 34.6(f) states:
Reporter’s Record Lost or Destroyed. An appellant is entitled to a new trial
under the following circumstances:
(1) if the appellant has timely requested a reporter’s record;
(2) if, without the appellant’s fault, a significant exhibit or a significant
portion of the court reporter’s notes and records has been lost or destroyed
or—if the proceedings were electronically recorded—a significant portion of the
recording has been lost or destroyed or is inaudible;
(3) if the lost, destroyed, or inaudible portion of the reporter’s record, or the
lost or destroyed exhibit, is necessary to the appeal’s resolution; and
(4) if the lost, destroyed or inaudible portion of the reporter’s record cannot
be replaced by agreement of the parties, or the lost or destroyed exhibit cannot
7
be replaced either by agreement of the parties or with a copy determined by the
trial court to accurately duplicate with reasonable certainty the original exhibit.
A proper review of the division of pension and retirement benefits, and deferred
compensation, requires the record from the trial. As is stated in Smith v. Smith, 143
S.W.3d 206, 214 (Tex. App.–Waco 2004, no pet.): “Although the court need not divide the
community estate equally, a disproportionate division must be supported by some reasonable
basis [citation omitted]. Having reviewed the record, we find no reasonable basis for the
disproportionate division of community assets and the liabilities of the parties. Therefore,
we sustain Karen’s second issue.” In Smith, there was a record to review, but the holding in
the case indicated that the record must be examined in order to see if an unequal division
of a marital estate is justified.
A record from a hearing was not available in a child support matter, In the interest of
K.R.M., No. 11-11-00312-CV, 2012 Tex. App. LEXIS 2696 (Tex. App.–Eastland April 5,
2012, no pet.). The court ruled that: “The reporter’s record is necessary to the disposition of
the OAG’s third issue, which requires that we review the evidence presented at the hearing
and determine whether the trial court abused its discretion in finding that the amount owed
by Mitchell was zero. Because the reporter’s record from the hearing is unavailable, we
cannot reach the merits of the OAG’s third issue. Thus, the reporter’s record is necessary
to the disposition of this appeal”.
Some exhibits were not able to be located to be included in a reporter’s record, in
Bauserman v. Unimax Express, Inc., No. 14-06-00077-CV, 2006 Tex. App. Lexis
9347 (Tex. App.–Houston [14th Dist.] October 26, 2006, no pet.). In that case, the
appellants timely requested the record and paid for it on February 15, 2006, the District
Clerk misplaced the exhibits, the missing exhibits were pertinent to the issue of financial
damages and necessary for the appellants’ appeal on the issue of damages, and the parties
8
were unable to agree on a complete reporter’s record. They were entitled to a new trial. Id.
In the case at bar, in his affidavit admitted into evidence at the motion for new trial
hearing, trial counsel for appellant Joyce Sarro described how he attempted to reach an
agreement as to the terms of a final decree of divorce after the trial that began on August 17,
2004, and that Appellee was represented by three different attorneys during that time, and
there was an ongoing issue and dispute about the date the divorce was actually effective.
In both his affidavit and in the message from the court reporter admitted into evidence
at the same hearing, it was established that the reporter’s notes from the 2004 trial no
longer existed. In April 2014 there was a hearing on determining the date the divorce was
effective, and then the court’s ruling was not announced until the letter of August 8, 2014.
CR 107-110, pdf 268-271.
II.
There is a hole in the law that can create, and does create, problems with the mainte-
nance of notes and recordings from hearings and trials that may be necessary for an appeal.
There is no requirement that a reporter’s notes and other recordings be kept until a certain
length of time after a final judgment is signed by a trial court judge.
Especially in jurisdictions with large populations and many cases pending and on
the docket, a case may not be resolved within three years. Certainly there may be pretrial
hearings that could have significance later on in the process of the case, or discovery matters
and disputes that may need to be appealed, all after three years or so have gone by.
The unusual procedural history of this case—including additional actions regarding
the parent-child relationship and a child becoming an adult with a disability—can result in
an appealable issue for which a trial record is no longer obtainable.
Tex. R. App. P. 34.6 presents the issue of the lack of a reporter’s record as one that is
de novo. A motion for new trial under Tex. R. Civ. P. 320 in this instance was needed to
9
establish that the reporter’s record was not going to be available, and arguably a new trial
could be granted for good cause. A ruling on a motion for new trial is usually reviewed for
an abuse of discretion. The more specific and controlling rule in this regard is Tex. R. App.
P. 34.6.
Based on the procedural history of the case and the existing record, it is appropriate
that a new trial be granted. Since the issue from the perspective of the Appellant concerns
the division of retirement and pension and deferred compensation plans, it is highly likely
that any other issues that would exist in the event of a new trial would be agreed to or would
be the subject of stipulations, making a new trial uncomplicated and clean.
Conclusion and Prayer
Therefore, Joyce Ann Sarro prays that this brief be filed; that the cause be submitted;
that this court reverse the Final Decree of Divorce signed on April 1, 2015; that the case be
remanded to the trial court for a new trial; that all costs be taxed against Appellee; and that
she have such other relief, in law or equity, to which she may be justly entitled.
Respectfully Submitted,
/s/ R. Robert Willmann, Jr.
R. Robert Willmann, Jr.
Attorney at Law
P.O. Box 460167
San Antonio, Texas 78246
Tel 844.244.9973
Temporary Fax 361.552.4305
Bar No. 21655960
willaw@prismnet.com
Attorney for Joyce Ann Sarro
10
Certificate About the Length of the Brief
The undersigned used a text processing program called TEX, which is not a word
processor. The writer types in the instructions for formatting the paper interspersed in the
text, and so a word count is not easily determined; there will be more words in a word count
than actual words in the final document. A plain text file is created which is then processed
by the computer program into a device independent file, which can then be converted into
a Postscript or pdf file. However, the brief is presented well within the 50 page limit.
Certificate of Service
I certify that this brief was served by–
an electronic filing service or, if applicable, by certified mail, return receipt requested, to
Rachel Sadovsky; Cordell and Cordell; 10101 Reunion Place, Suite 250; San Antonio,
Texas 78216 (rsadovsky@cordelllaw.com) (attorney for appellee Michael A. Sarro);
on the 23rd day of November, 2015.
/s/ R. Robert Willmann, Jr.
R. Robert Willmann, Jr.
11
Appendix
A. Final Decree of Divorce in 2015
B. Order denying a new trial in 2015
C. First Decree of Divorce
D. Order granting a new trial on property
E. Judge’s notes for briefing on the effective date of divorce
F. Letter on judge’s determination of the effective date of divorce
G. Tex. R. App. P. 34.6 and 34.6(f)
12
Appendix A
1
DOCUMENT SCANNED AS FILED
1998C103821 -0073
NO. 1998-CI-03821
IN THE MATTER OF § IN THE DISTRICT COURT
THEMARRIAGEOF §
§
MICHAEL A. SARRO §
AND § 73RD JUDICIAL DISTRICT
JOYCE ANN SARRO §
§
AND IN THE INTEREST OF §
MICHAEL ANDREW SARRO, A
CHILD § BEXAR COUNTY, TEXAS
FINAL DECREE OF DIVORCE
On August 17, 2004 the Court heard this case.
Appearances
Petitioner, Michae] A. Sarro, appeared in person and through Attorney of Record, Charles
Montemayor and announced ready for trial. However, at the time of the entry of this Order, Petitioner
Michael A. Sarro, appeared in person and through Attorney of Record, Rachel S. Sadovsky.
Respondent, Joyce Ann Sarro, appeared in person and through Attorney of Record, John A.
ci Mead, and announced ready for trial.
4
0
• 2. Proceedings
1
/
2 A Final' tiècree of Divorce in this cause was judicially pronounced and rendered in Court at
.9
San Antonio, Bexar County, Texas on July 17, 1998. Subsequently a new trial was granted as to the
V issue of property. In later proceedings the Court clarified its ruling and a new trial was granted in
'0
L its entirety; however the parties stipulated that the terms regarding conservatorship, possession and
4 support of the children would not be set aside and would be incorporated in this decree. The parties
3
S
4 went to hearing on the issues of property on August 17, 2004.
0
3
0
S
9
DOCUMENT SCANNED AS FILED
3. Record
The record of testimony was duly reported by the Court Reporter, Terri Thomas, for the 45"
Judicial District Court.
4. 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 of this case and of all the parties and that at least sixty days have elapsed
since the date the suit was filed. The Court finds that, at the time this suit was filed, Petitioner had
been a domiciliary of Texas for the preceding six-month period and a resident of the county in which
this suit was filed for the preceding ninety-day period. All persons entitled to citation were properly
cited.
5. Jury
A jury was' waived, and all questions of fact and of law were submitted to the Court.
6. Divorce
U IT IS ORDERED AND DECREED that Michael A. Sarro, Petitioner, and Joyce Ann Sarro,
50 Respondent, are divorced and that the marriage between them is dissolved on the ground of
insupportability.
U
.1. 7. Child of the Marriage
5
The Court finds that Petitioner and Respondent are the parents of the following child:
V
0
L. Name: MICHAEL ANDREW SARRO
Sex: Male
4 Birthplace: San Antonio, Texas
3 Birth date: June 23, 1994
S
4 Home state: Texas
P
(5 Final Decree of Divorce - Page 2
3
0
6
0
DOCUMENT SCANNED AS FILED
The Court finds no other children of the marriage are expected.
8. Conservatorship and Support
The Court, having considered the circumstances of the parents and of the child, finds that the
following orders are in the best interest of the child.
IT IS ORDERED that Michael A. Sarro and Joyce Ann Sarro are appointed parent joint
managing conservators of the following child: MJCHAEL ANDREW SARRO.
IT IS ORDERED that, at all times, Joyce Ann Sarro, as a parent joint managing conservator,
shall have the following rights:
I. the right to receive information from the other parent concerning the health,
education, and welfare of the child;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the child;
3. the right of access to medical, dental, psychological, and educational records of the
child;
4. the right to consult with a physician, dentist, or psychologist of the child;
5. the right to consult with school officials boncerning the child's welfare and
ci educational status, including school activities;
6. concerning the child's education, this right is subject to the agreement of the other
parent conservator;
7. the right to attend school activities;
8. the right to be designated on thechild's records as a person to be notified in case of
an emergency;
L 9. the right to consent to medical, dental, and surgical treatment during an emergency
involving an immediate danger to the health and safety of the child; and
4
10. the right to manage the estate of the child to the extent the estate has been created by
4 the parent or the parent's family.
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DOCUMENT SCANNED AS FILED
if IS ORDERED that, at all times, Michael A. Sarro, as a parent joint managing conservator,
shall have the following rights:
1. the right to receive information from the other parent concerning the health,
education, and welfare of the child;
2. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the child;
3. the right of access to medical, dental, psychological, and educational records of the
child;
4. the right to consult with a physician, dentist, or psychologist of the child;
5. the right to consult with school officials concerning the child's welfare and
educational status, including school activities;
6. the right to attend school activities;
concerning the child's education, this right is subject to the agreement of the other
parent conservator;
8. the right to be designated on the child's records as a person to be notified in case of
an emergency;
9. the right to consent to medical, dental, and surgical treatment during an emergency
involving an immediate danger to the health and safety of the child; and
0 10. the right to manage the estate of the child to the extent the estate has been created by
4
the parent or the parent's family.
1 if IS ORDERED that, at all times, Michael A. Sano and Joyce Ann Sarro, as parent joint
/
2
0 managing conservators, shall each have the following duties:
I 1. the duty to inform the other conservator of the child in a timely manner of significant
information concerning the health, education, and welfare of the child; and
TO
1 2. the duty to inform the other conservator of the child if the conservator resides with
for at least thirty days, marries, or intends to marry a person who the conservator
4
3 knows is registered as a sex Offender under chapter 62 of the Code of Criminal
Procedure or is currently charged with an offense for which on conviction the person
would be required to register under that chapter. if IS ORDERED that this
information shall be tendered in the form of a notice made as soon as practicable, but
p
G
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not later than the fortieth day after the date the conservator of the child begins to
- reside with the person or on the tenth day after the date the marriage occurs, as
appropriate, IT IS ORDERED that the notice must include a description of the
offense that is the basis of the persons requirement to register as a sex offender or of
the offense with which the person is charged. WARNING: A PERSON COMMITS
AN OFFENSE PUNISHABLE AS A CLASS C MJSDEMEANOR IF THE PERSON
FAILS TO PROVIDE THTS NOTICE.
IT IS ORDERED that, during her respective periods of possession, Joyce Ann Sarro, as a
parent joint managing conservator, shall have the following rights and duties:
the duty of care, control, protection, and reasonable discipline of the child;
2. the duty to support the child, including providing the child with clothing, food,
shelter, and medical and dental care not involving an invasive procedure;
the right to consent for the child to medical and dental care not involving an invasive
procedure;
4. the right to consent for the child to medical, dental, and surgical treatment during an
emergency involving immediate danger to the health and safety of the child; and,
5. the right to direct the moral and religious training of the child.
IT IS ORDERED that, during his respective periods of possession, Michael A. Sarro, as a
parent joint managing conservator, shall have the following rights and duties:
the duty of care, control, protection, and reasonable.discipline of the child;
2. the duty to support the child, including providing the child with clothing, food,
shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the child to medical and dental care not involving an invasive
procedure;
4. the right to consent for the child to medical, dental, and surgical treatment during an
emergency involving immediate danger to the health and safety of the child; and,
5. the right to direct the moral and religious training of the child.
IT IS ORDERED that Joyce Ann Sarro, as a parent joint managing conservator, shall have
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the following rights and duty:
1. the exclusive right to designate the primary residence of the child with the following
counties: Bexar, Bandera, Medina, Atasdosa, or Comal County, Texas;
2. the independent right to consent to medical, dental, and surgical treatment involving
invasive procedures and to consent to psychiatric and psychological treatment of the
child;
3. the exclusive right to receive and give receipt for periodic payments for the support
of the child and to hold or disburse these funds for the benefit of the child;
4. the independent right to represent the child in legal action and to make other
decisions of substantial legal significance concerning the child;
5. the independent right to consent to marriage and to enlistment in the armed forces of
the United States;
6. the right to make decisions concerning the child's education subject to the agreement
of the other parent conservator, except as otherwise ordered herein by the court;
7. except as provided by section 264.0111 of the Texas Family Code, the exclusive
right to the services and earnings of the child;
8. except when a guardian of the child's estate or a guardian or attorney ad litem has
been appointed for the child, the independent right to act as an agent of the child in
relation to the child's estate if the child's action is required by a state, the United
States, or a foreign government; and
9. the independent duty to manage the estate of the child to the extent the estate has
been created by community property or the joint property of the parents.
IT IS ORDERED that Michael A. Sarro, as a parent joint managing conservator, shall have
the following rights and duty:
the independent right to consent to medical, dental, and surgical treatment involving
invasive procedures and to consent to psychiatric and psychological treatment of the
child;
2. the exclusive right to receive and give receipt for periodid payments for the support
of the child and to hold or disburse these funds for the benefit of the child;
3. the independent right to represent the child in legal action and to make other
Final Decree of Divorce - Page 6
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decisions of substantial legal significance concerning the child;
4. the independent right to consent to marriage and to enlistment in the armed forces of
the United States;
5. the right to make decisions concerning the child's education subject to the agreement
of the other parent conservator, except as otherwise ordered herein by the court;
6. except as provided by section 264.0111 of the Texas Family Code, the exclusive
right to the services and earnings of the child;
7. except when a guardian of the child's estate or a guardian or attorney ad litem has
been appointed for the child, the independent right to act as an agent of the child in
relation to the child's estate if the child's action is required by a state, the United
States, or a foreign government; and -
8. the independent duty to manage the estate of the child to the extent the estate has
been created by community property or the joint property of the parents.
Education
if IS ORDERED that the child shall not be educated at home by Respondent, unless
otherwise ordered by the court.
GeograyhicalArea for Primary Residence
ITS is ORDERED that the primary residence of the child shall be within Bexar, Bandera,
14
O Medina, Atascosa or Comal County, Tx. The parties shall not remove the child from within Bexar,
Bandera, Medina, Atascosa or Comal County, Tx for the purpose of changing the primary residence
U
of the child until modified by further order of the court of continuing jurisdiction or b written
v agreement signed by the parties and filed with the court. if IS FURTFIERED ORDERED that Joyce
0
•L Ann Sarro shall have the exclusive right to establish the child's primary residence within Bexar,
Bandera, Medina, Atascosa or Comal County, Tx.
1. Standard Possession Order
P
6
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The Court finds that the following provisions of this Standard Possession Order are
intended to and do comply with the requirements of Texas Family Code sections 153.311
through 153.3 17. if IS ORDERED that each conservator shall comply with all terms and
conditions of this Standard Possession Order. IT IS ORDERED that this Standard
Possession Order is effective immediately and applies to all periods of possession occurring
on and after the date the Court signs this Standard Possession Order. IT IS, TFIEREFORE,
ORDERED:
(a) Definitions
I. In this Standard Possession Order 'school means the primary or secondary
school in which the child is enrolled or, if the child is not enrolled in a primary or secondary
school, the public school district in which the child primarily resides.
2. In this Standard Possession Order "child" includes each child, whether one
or more, who is a subject of this suit while that child is under the age of eighteen years and
not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for Possession
if IS ORDERED that the conservators shall have possession of the child at times
mutually agreed to in advance by the parties, and, in the absence of mutual agreement, it is
ORDERED that the conservators shall have possession of the child under the specified terms
set out in this Standard Possession Order.
(c) Parents Who Reside 100 Miles or Less Apart
Except as - otherwise explicitly provided in this Standard Possession Order, when
C) Michael A. Sarro resides 100 miles or less from the primary residence of the child, Michael
5U A. Sarro shall have the right to possession of the child as follows:
I. Weekends - On weekends, beginning at 6:00 p.m., on the first, third, and fifth
Friday of each month and ending at 6:00 p.m. on the following Sunday.
2. Weekend Possession Extended by a Holiday - Except as otherwise explicitly
provided in this Standard Possession Order, if a weekend period of possession by Michael
V A. Sarro begins on a Friday that is a school holiday during the regular school term or a
0 federal, state, or local holiday during the summer months when school is not in session, or
L if the period ends on or is immediately followed by a Monday that is such a holiday, that
weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately
4 preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday holiday
3
or school holiday, as applicable.
Wednesdays - On Wednesday of each week during the regular school term,
[ii Final Decree of Divorce - Page 8
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beginning at 6:00 p.m. and ending at 8:00 p.m.
4. Spring Break in Even-Numbered Years - In even-numbered years, beginning
at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation
and ending at 6:00 p.m. on the day before school resumes after that vacation.
5. Extended Summer Possession by Michael A. Sarro -
With Written Notice by May 1 - If Michael A. Sarro gives Joyce Ann Sarro written
notice by May I of a year specifying an extended period or periods of summer possession for
that year, Michael A. Sarro shall have possession of the child for thirty days beginning no
earlier than the day after the child's school is dismissed for the summer vacation and ending
no later than seven days before school resumes at the end of the summer vacation in that
year, to be exercised in no more than two separate periods of at least seven consecutive days
each, as specified in the written notice. These periods of possession shall begin and end at
6:00 p.m.
Without Written Notice by May 1 - If Michael A. Sarro does not give Joyce Ann
Sarro written notice by May I of a year specifying an extended period or periods of summer
possession for that year, Michael A. Sarro shall have possession of the child for thirty
consecutive days in that year beginning at 6:00 p.m. on JUly 1 and ending at 6:00 p.m. on
July 31.
Notwithstanding the weekend and Wednesday periods of possession ORDERED for Michael
A. Sarro, it is explicitly ORDERED that Joyce Ann Sarro shall have a superior right of
possession of the child as follows:
1. Spring Break in Odd-Numbered Years - In odd-numbered years, beginning
at 6:00 p.m. on the day the child is dismissed from school for the schools spring vacation
and ending at 6:00 p.m. on the day before school resumes after that vacation.
2. Summer Weekend Possession byJoyce Ann Sarro - If Joyce Ann Sarro gives
Michael A. Sarro written notice by June 1 of a year, Joyce Ann Sarro shall have possession
of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m.
on the following Sunday during any one period of the extended summer possession by
Michael A. Sano in that year, provided that Joyce Ann Sarro picks up the child from Michael
A. Sarro and returns the child to that same place and that the weekend so designated does not
interfere with Father's Day Weekend.
L
3. Extended Summer Possession by Joyce Ann Sarro - If Joyce Ann Sarro gives
Ii Michael A. Sarro written notice by May 15 of a year or gives Michael A. Sano fourteen days'
written notice on or after May 16 of a year, Joyce Ann Sarro may designate one weekend
beginning no earlier than the day after the child's school is dismissed for the summer
vacation and ending no later than seven days before school resumes at the end of the summer
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vacation, during which an otherwise scheduled weekend period of possession by Michael A.
Sarro shall not take place in that year, provided that the weekend so designated does not
interfere with Michael A. Sarro's period or periods of extended summer possession or with
Father's Day Weekend.
(d) Parents Who Reside More Than 100 Miles Apart
Except as otherwise explicitly provided in this Standard Possession Order, when
Michael A. Sarro resides more than 100 miles from the residence of the child, Michael A.
Sarro shall have the right to possession of the child as follows:
1. Weekends - Unless Michael A. Sarro elects the alternative period of weekend
possession described in the next paragraph, Michael A. Sarro shall have the right to
possession of the child on weekends, beginning at 6:00 p.m. on the first, third, and fifth
Friday of each month and ending at 6:00 p.m. on the following Sunday. Except as otherwise
explicitly provided in this Standard Possession Order, if such a weekend period of possession
by Michael A. Sarro begins on a Friday that is a school holiday during the regular school
term or a federal, state, or local holiday during the summer months when school is not in
session, or if the period ends on or is immediately followed by a Monday that is such a
holiday, that weekend period of possession shall begin at 6:00 p.m. on the Thursday
immediately preceding the Friday holiday or school holiday or end at 6:00 p.m. on that
Monday holiday or school holiday, as applicable.
Alternate Weekend Possession - In lieu of the weekend possession described in the
foregoing paragraph, Michael A. Sarro shall have the right to possession of the child not
more than one weekend per month of Michael A. Sarro's choice beginning at 6:00 p.m. on
the day school recesses for the weekend and ending at 6:00 p.m. on the day before school
resumes after the weekend. -Except as otherwise explicitly provided inthis Standard
0 Possession Order, if such a weekend period of possession by Michael A. Sarro begins on a
4 Friday that is a school holiday during the regular school term or a federal, state, or local
/
0a holiday during the summer months when school is not in session, or if the period ends on or
is immediately followed by a Monday that is such a holiday, that weekend period of
possession shall begin at 6:00 p.m. on the Thursday immediately preceding the Friday
holiday or school holiday or end at 6:00 p.m. on that Monday holiday or school holiday, as
4 applicable. Michael A. Sarro may elect an option for this alternative period of weekend
possession by giving written notice to Joyce Ann Sano within ninety days after the parties
V begin to reside more than 100 miles apart. If Michael A. Sarro makes this election, Michael
U A. Sarro shall give Joyce Ann Sarro fourteen days' written or telephonic notice preceding a
L designated weekend. The weekends chosen shall not conflict with the provisions regarding
Christmas, Thanksgiving, the child's birthday, and Mother's Day Weekend below.
2. Spring Break in All Years - Every year, beginning at 6:00 p.m. on the day the
4 child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on
the day before school resumes after that vacation.
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3. Extended Summer Possession by Michael A. Sarro -
With Written Notice by May 1 - If Michael A. Sano gives Joyce Ann Sarro written
notice by May! of a year specifying an extended period or periods of summer possession for
that year, Michael A. Sarro shall have possession of the child for forty-two days beginning
no ear!ier than the day after the child's school is dismissed for the summer vacation and
ending no !ater than seven days before school resumes at the end of the summer vacation in
that year, to be exercised in no more than two separate periods of at least seven consecutive
days each, as specified in the written notice. These periods of possession shall begin and end
at 6:00 p.m.
Without Written Notice by May 1 - If Michael A. Sarro does not give Joyce Ann
Sarro written notice by May I of a year specifying an extended period or periods of summer
possession for that year, Michael A. Sarro sha!l have possession of the child for foity-two
consecutive days in that year beginning at 6:00 p.m. on June 1 and ending at 6:00 p.m. on
July 27 of that year.
Notwithstanding the weekend periods of possession ORDERED for Michael A. Sarro, it is
explicitly ORDERED that Joyce Ann Sarro shall have a superior right of possession of the
child as follows:
1. Summer Weekend Possession by Joyce Ann Sarro - If Joyce Ann Sarro gives
Michae! A. Sarro written notice by June 1 of a year, Joyce Ann Sarro shall have possession
of the child on any one weekend beginning at 6:00 p.m. on Friday and ending at 6:00 p.m.
on the following Sunday during any one period of possession by Michael A. Sarro during
Michael A. Sarro's extended summer possession in that year, provided that if a period of
possession by Michael A. Sarro in that year exceeds thirty days, Joyce Ann Sarro may have
possession of the child under the terms of - this- provision on - any two- nonconsecutive
U weekends during that period and provided that Joyce Ann Sarro picks up the child from
4,1
Michael A. Sarro and returns the child to that same place and that the weekend so designated
b does not interfere with Father's Day Weekend.
S
/ 2. Extended Summer Possession by Joyce Ann Sano - If Joyce Ann Sarro gives
2
0 Michae! A. Sarro written notice by June 1 of a year, Joyce Ann Sarro may designate twenty-
:1. one days beginning no earlier than the day after the child's school is dismissed for the
5 summer vacation and ending no !ater than seven days before school resumes at the end of the
V summer vacation in that year, to be exercised in no more than two separate periods of at least
0 seven consecutive days each, during which Michael A. Sarro sha!l not have possession of the
L chi!d, provided that the period or periods so designated do not interfere with Michae! A.
4 Sarro's period or periods of extended summer possession or with Father's Day Weekend.
S
S (e) Holidays Unaffected by Distance
4
Notwithstanding the weekend and Wednesday periods of possession of Michael A. Sarro,
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Joyce Ann Sane and Michael A. Sane shall have the right to possession of the child as
follows:
1. Christmas Holidays in Even-Numbered Years - In even-numbered years,
Michael A. Sane shall have the right to possession of the child beginning at 6:00 p.m. on the
day the child is dismissed from school for the Christmas school vacation and ending at noon
on December 26, and Joyce Ann Sarro shall have the right to possession of the child
beginning at noon on December26 and ending at 6:00 p.m. on the day before school resumes
after that Christmas school vacation.
2. Christmas Holidays in Odd-Numbered Years - In odd-numbered years, Joyce
Ann Sano shall have the right to possession of the child beginning at 6:00 p.m. on the day
the child is dismissed from school for the Christmas school vacation and ending at noon on
December 26, and Michael A. Sarro shall have the right to possession of the child beginning
at noon on December 26 and ending at 6:00 p.m. on the day before school resumes after that
Christmas school vacation.
3. Thanksgiving in Odd-Numbered Years - In odd-numbered years, Michael A.
Sarro shall have the right to possession of the child beginning at 6:00 p.m. on the day the
child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the
Sunday following Thanksgiving.
4. Thanksgiving in Even-Numbered Years - In even-numbered years, Joyce Ann
Sarro shall have the right to possession of the child beginning at 6:00 p.m. on the day the
child is dismissed from school for the Thanksgiving holiday and ending at 6:00 p.m. on the
Sunday following Thanksgiving.
5: Child's Birthday -if a parent is not otherwise-entitled underthis Standard
Ill
Possession Order to present possession of the child on the child's birthday, the parent shall
have possession of the child beginning at 6:00 p.m. and ending at 8:00 p.m. on that day,
provided that that parent picks up the child from the other parent's residence and returns the
child to that same place.
U
1 6. Father's Day Weekend -Michael A. Sarro shall have the right to possession
of the child each year, beginning at 6:00 p.m. on the Friday preceding Father's Day and
V ending at 6:00 p.m. on Father's Day, provided that if Michael A. Sano is not otherwise
0 entitled under this Standard Possession Order to present possession of the child, he shall pick
L up the child from Joyce Ann Sano's residence and return the child to that same place.
4 7.
3, Mother's Day Weekend - Joyce Ann Sarro shall have the right to possession
S of the child each year, beginning at 6:00 p.m. on the Friday preceding Mother's Day and
4 ending at 6:00 p.m. on Mother's Day, provided that if Joyce Ann Sano is not otherwise
entitled under this Standard Possession Order to present possession of the child, she shall
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pick up the child from Michael A. Sarro's residence and return the child to that same place.
(1) Undesignated Periods of Possession
Joyce Ann Sarro shall have the right of possession of the child at all other times not
specifically designated in this Standard Possession Order for Michael A. Sarro.
(g) General Terms and Conditions
Except as otherwise explicitly provided in this Standard Possession Order, the terms
and conditions of possession of the child that apply regardless of the distance between the
residence of a parent and the child are as follows:
1. Surrender of Child by Joyce Ann Sarro - Joyce Ann Sarro is ORDERED to
surrender the child to Michael A. Sarro at the beginning of each period of Michael A. Sarro's
possession at the residence of Joyce Ann Sarro.
2. Return of Child by Michael A. Sarro - Michael A. Sarro is ORDERED to
return the child to the residence of Joyce Ann Sarro at the end of each period of possession.
However, it is ORDERED that, if Joyce Ann Sarro and Michael A. Sarro live in the same
county at the time of rendition of this order, Michael A. Sarro's county of residence remains
the same after rendition of this order, and Joyce Ann Sarro's county of residence changes,
effective on the date of the change of residence by Joyce Ann Sarro, Michael A. Sarro shall
surrender the child to Joyce Ann Sarro at the residence of Michael A. Sarro at the end of each
period of possession.
3. Surrender of Child by Michael A. Sano - Michael A. Sarro is ORDERED to
surrender the child to -Joyce Ann Sarro, if the child is-in Michael A. Sarro's possession or -
0 subject to Michael A. Sarro's control, at the beginning of each period of Joyce Ann Sarros
exclusive periods of possession, at the place designated in this Standard Possession Order.
0
1 4. Return of Child by Joyce Ann Sarro - Joyce Ann Sarro is ORDERED to return
/ the child to Michael A. Sarro, if Michael A. Sarro is entitled to possession of the child, at the
end of each of Joyce Ann Sarro's exclusive periods of possession, at the place designated in
this Standard Possession Order.
V Personal Effects - Each conservator is ORDERED to return with the child the
o personal effects that the child brought at the beginning of the period of possession.
L
6. Designation of Competent Adult - Each conservator may designate any
competent adult to pick up and return the child, as applicable, IT IS ORDERED that a
conservator or a designated competent adult be present when the child is picked up or
returned.
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7. Inability to Exercise Possession - Each conservator is ORDERED to give
notice to the person in possession of the child on each occasion that the conservator will be
unable to exercise that conservator's right of possession for any specified period.
8. Written Notice - Written notice shall be deemed to have been timely made if
received or postmarked before or at the time that notice is due.
This concludes the Standard Possession Order.
2. Duration
The periods of possession ordered above apply to the child the subject of this suit while that
child is under the age of eighteen years and not otherwise emancipated.
3. Termination of Orders
The provisions of this decree relating to conservatorship, possession, or access terminate on
the remarriage of Michael A. Sarro to Joyce Ann Sarro unless a nonparent or agency has been
appointed conservator of the child under chapter 153 of the Texas Family Code.
4. Notice to Peace Officers
NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU
MAY USE REASONABLE EFFORTS -- TO ENFORCE THE TERMS OF- CHILD
CUSTODY SPECIFIED IN THIS ORDER. A PEACE OFFICER WHO RELIES ON
THE TERMS OF A COURT ORDER AND THE OFFICER'S AGENCY ARE
ENTITLED TO THE APPLICABLE IMMUNITY AGAINST ANY CLAIM, CIVIL
OR OTHERWISE, REGARDING THE OFFICER'S GOOD FAITH ACTS
V
0 PERFORMED IN THE SCOPE OF THE OFFICER'S DUTIES IN ENFORCING THE
L
TERMS OF THE ORDER THAT RELATE TO CHILD CUSTODY. ANY PERSON
4
3
WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN ORDER THAT IS
IN VALID OR NO LONGER IN EFFECT COMMITS AN OFFENSE THAT MAYBE
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DOCUMENT SCANNED AS FILED
PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS AND
A FINE OF AS MUCH AS $10,000.
Child Support
IT IS ORDERED that Michael A. Sarro is obligated to pay and shall pay to Joyce Ann Sarro
child support of $491.79 per month, with the first payment being due and payable on August 1, 1998
and a like payment being due and payab]e on the 1st day of each month thereafter until the first
month following the date of the earliest occurrence of one of the events specified below:
1. the child reaches the age of eighteen years, provided that the periodic child support
payments shall continue to be due and paid until the end of the month in which the child graduates
from high school if the child is:
a. enrolled:
1) under Chapter 25, Education Code, in an accredited secondary school in a
program leading toward a high school diploma, the periodic child support
payments shall continue to be due and paid until the end of the month in
which the child graduates from high school;
Section 130.008, Education -Code;-in courses for joint high-school and
0 junior college credit; or
0 3) on a full-time basis in a private secondary school in a program leading toward
a high school diploma; and
/
2
U b. complying with:
S 1) the minimum attendance requirements of Subchapter C, Chapter 25,
V Education Code; or
0
L 2) the minimum attendance requirements imposed by that school in which the
a'5 child is enrolled, if the child is enrolled in a private secondary school;
S 2. the child marries;
4
3. the child dies; or
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4. the child's disabilities are otherwise removed for general purposes.
Withholding from Earnings.
IT IS ORDERED that any employer of Michael A. Sarro shall be ordered to withhold from
earnings for child support from the disposable earnings of Michael A. Sarro for the supportof
MTCHAEL ANDREW SARRO.
if IS FURTHER ORDERED that all amounts withheld from the disposable earnings of
Michael A. Sarro by the employer and paid in accordance with the order to that employer shall
constitute a credit against the child support obligation. Payment of the full amount of child support
ordered paid by this decree through the means of withholding from earnings shall discharge the child
support obligation. If the amount withheld from earnings and credited against the child support
obligation is less than 100 percent of the amount ordered to be paid by this decree, the balance due
remains an obligation of Michael A. Sarro, and it is hereby ORDERED that Michael A. Sarro pay
the balance due directly to the state disbursement unit specified below.
On this date the Court signed an Order/Notice to Withhold Income for Child Support.
U Payment
4
a IT IS ORDERED that all payments shall be made through the Texas Child Support
1 Disbursement Unit at P.O. Box 659791, San Antonio, Texas 78265-9791, and thereafter promptly
remitted to Joyce Ann Sarro for the support of the child. ITIS ORDERED that each party shall pay,
when due, all fees, charged to that party by the agency through which child support is paid.
Change of Employment
4 IT IS FURTHER ORDERED that Michael A. Sarro shall notify this Court and Joyce Ann
4 Sarro by U.S. certified mail, return receipt requested, of any change of address and of any
F; Final Decree of Divorce - Page 16
DOCUMENT SCANNED AS FILED
termination of employment. This notice shall be given no later than seven days after the change of
address or the termination of employment. This notice or a subsequent notice shall also provide the
current address of Michael A. Sarro and the name and address of his current employer, whenever that
information becomes available.
Clerk's Duties
IT IS ORDERED that, on the request of a prosecuting attorney, the title W-D agency, the
friend of the Court, a domestic relations office, Joyce Ann Sarro, Michael A. Sarro, or an attorney
representing Joyce Ann Sarro or Michael A. Sarro, the clerk of this Court shall cause a certified copy
of the Order/Notice to Withhold Income for Child Support to be delivered to any employer.
Health Care.
if IS ORDERED that medical support shall be provided for the child as follows:
1. Michael A. Sarro's Responsibility - It is the intent and purpose of this decree that
Michael A. Sarro shall, at all times, provide medical support for the child as additional child support.
14 IT IS THEREFORE ORDERED that, as additional child support, Michael A. Sarro shall provide
h medical support for the child, for as long as child support is payable under the terms of this decree,
as set out herein.
2. Definition - 'Health insurance" means insurance coverage that provides basic health-
v care services, including usual physician services, office visits, hospitalization, and laboratory, X-ray,
0
L and emergency services, and may be provided in the form of an indemnity insurance contract or plan,
a preferred provider organization or plan, a health maintenance organization, or any combination
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4 thereof.
Final Decree of Divorce - Page 17
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DOCUMENT SCANNED AS FILED
"Reasonable cost" means the cost of a health insurance premium that does not exceed 10
percent of the responsible parent's net income in a month.
3. Insurance through Michael A. Sarro's Employment, Union, Trade Association, or
Other Organization - The Court finds that the child is currently enrolled as a beneficiary of a health
insurance plan provided through Michael A. Sarro's employment or membership in a union, trade
association, or other organization at a reasonable cost. IT IS ORDERED that Michael A. Sarro shall,
at his sole cost and expense, keep and maintain at all times in full force and effect the same or
equivalent health insurance coverage that insures the child through Michael A. Sarro's employer,
union, trade association, or other organization as issued by VIA Metropolitan Transit for as long as
it is offered by his employer, union, trade association, or other organization. If his employer, union,
trade association, or other organization subsequently changes health insurance benefits or carriers,
Michael A. Sarro is ORDERED to obtain and maintain coverage for the benefit of the child on the
successor company or through such health insurance plan as is available through other employment,
union, trade association, or other organization or other insurance provider.
Insurance through Joyce Ann Sarro's Employment, Union, Trade Association, or Other
U Organization - If health insurance for the child ceases to be available through Michael A. Sarro's
*
employer, union, trade association, or other organization but is available at a reasonable cost through
U
Joyce Ann Sarro' s employer, or other organization, Joyce Ann Sarro is ORDERED to have the child
V covered on her health insurance and Michael A. Sarro is ORDERED to pay Joyce Ann Sarro at her
0
L. last known address the costs of insuring the child on Joyce Ann Sarro's health insurance plan,
g beginning on the first day of the month following the date Michael A. Sarro first receives written
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4 notice of the amount of the premium from Joyce Ann Sarro. Accompanying the first such written
Final Decree of Divorce - Page 18
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DOCUMENT SCANNED AS FILED
notification and any subsequent notifications informing of a change in the premium amount, Joyce
Ann Sarro is ORDERED to provide Michael A. Sarro with documentation from her employer, union,
trade association, or other organization of the cost to Joyce Ann Sarro of providing coverage for the
child.
4. Claim Forms - Except as provided in paragraph 6 below, the party who is not carrying
the health insurance policy covering the child is ORDERED to submit to the party carrying the
policy, within ten days of receiving them, any and all forms, receipts, bills, and statements reflecting
the health-care expenses the party not carrying the policy incurs on behalf of thechild.
The party who is carrying the health insurance policy covering the child is ORDERED to
submit all forms required by the insurance company for payment or reimbursement of health-care
expenses incurred by either party on behalf of the child to the insurance carrier within ten days of
that party's receiving any form, receipt, bill, or statement reflecting the expenses.
Constructive Trust for Payments Received - if IS ORDERED that any insurance
payments received by the party from the health insurance carrier as reimbursement for health-care
expenses incurred by or on behalf of the child shall belong to the party who incurred and paid those
expenses. IT IS FURTHER ORDERED that the party receiving the insurance payments is
designated a constructive trustee to receive any insurance checks or payments for health-care
expenses incurred and paid by the other patty, and the party carrying the policy shall endorse and
forward the checks or payments, along with any explanation of benefits, to the other party within
three days of receiving them.
6. Filing by Party Not Carrying Insurance - In accordance with article 3.5 1-13 of the
Texas Insurance Code, if IS ORDERED that the party who is not carrying the health insurance
Final Decree of Divorce - Page 19
DOCUMENT SCANNED AS FILED
policy covering the child may, at that party's option, file directly with the insurance carrier with
whom coverage is provided for the benefit of the child any claims for health-care expenses,
including, but not limited to, medical, hospitalization, and dental costs and receive payments directly
from the insurance company.
Secondary Coverage - IT IS ORDERED that nothing in this decree shall prevent
either party from providing secondary health insurance coverage for the child at that party's sole cost
and expense. IT IS FURTHER ORDERED that if a party provides secondary health insurance
coverage for the child, both parties shall cooperate fully with regard to the handling and filing of
claims with the insurance carrier providing the coverage in order to maximize the benefits available
to the child and to ensure that the party who pays for health-care expenses for the child is reimbursed
for the payment from both carriers to the fullest extent possible.
Compliance with Insurance Company Requirements - Each party is ORDERED to
conform to all requirements imposed by the terms and conditions of the policy of health insurance
covering the child in order to assure maximum reimbursement or direct paymentby the insurance
company of the incurred health-care expense, including but not limited to requirements for advance
notice to carrier, second opinions, and the like. Each party is ORDERED to attempt to use "preferred
providers," or services within the health maintenance organization, if applicable; however, this
provision shall not apply if emergency care is required. Disallowance of the bill by a health insurer
shall not excuse the obligation of either party to make payment; however, if a bill is disallowed or
the benefit reduced due to the failure of a party to follow procedures or requirements of the carrier,
if IS ORDERED that the party failing to follow the carrier's procedures or requirements shall be
wholly responsible for the increased portion of that bi]l.
Final Decree of Divorce - Page 20
DOCUMENT SCANNED AS FILED
if health insurance coverage for the child is provided through a health maintenance
organization (liMO) or preferred provider organization (PPO), the parties are ORDERED to use
health-care providers who are employed by the HMO or approved by the PPO whenever feasible.
if health-care expenes are incurred by using that liMO or PPO plan, Michael A. Sarro is
ORDERED to pay 50 percent and Joyce Ann Sarro is ORDERED to pay 50 percent of all reasonable
and necessary health-tare expenses not paid by insurance and incurred by or on behalf of the parties'
child, including, without limitation, any copayments for office visits or prescription drugs, the yearly
deductible, if any, and medical, surgical, prescription drug, mental health-care services, dental, eye
care, ophthalmological, and orthodontic charges, for as long as child support is payable under the
terms of this decree. If a party incurs health-care expenses for a child by using the services of health-
care providers not employed by the liMO or approved by the PPO, except in an emergency, without
the written agreement of the other party, the party incurring the services is ORDERED to pay 50
percent and the other party is ORDERED to pay 50 percent of all reasonable and necessary health-
care expenses not paid by insurance and incurred by or on behalf of the child, as set out above.
ID
4 if the child is ehrolled in a health-care plan that is not an HMO or a PPO, Michael A. Sano
is ORDERED to pay 50 percent and Joyce Ann Sarro is ORDERED to pay 50 percent of all
reasonable and necessary health-care expenses not paid by insurance and incurred by or on behalf
of the child, including, without limitation, the yearly deductible, if any, and medical,' surgical,
V prescription drug, mental health-care services, dental, eye care, ophthalmological, and orthodontic
0
L. charges, for as long as child support is payable under the terms of this decree.
4
3 9. Payment of Uninsured Expenses - iT IS ORDERED that the party who pays for a
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4 health-care expense on behalf of the child shall submit to the other party, within ten days of receiving
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Final Decree of Divorce - Page 21
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DOCUMENT SCANNED AS FILED
them, all forms, receipts, bills, and explanations of benefits paid reflecting the uninsured portion of
the health-care expenses the paying party incurs on behalf of the child. IT IS FURTHER ORDERED
that, within ten days after the nonpaying party receives the explanation of benefits stating benefits
paid, that party shall pay his or her share of the uninsured portion of the health-care expenses either
by paying the health-care provider directly or by reimbursing the paying party for any advance
payment exceeding the paying party's share of the expenses.
10. Exclusions - The provisions above concerning uninsured expenses shall not be
interpreted to include expenses for travel to and from the health-care provider or nonprescription
medication.
II. Reasonableness of Charges - IT IS ORDERED that reasonableness of the charges for
health-care expenses shall be presumed on presentation of the bill to a party and that disallowance
of the bill by a health insurer shall not excuse that party's obligation to make payment or
reimbursement as otherwise provided herein.
12. Information Required - if IS ORDERED that a party providing health insurance shall
0
4 furnish to the other party and the child support registry the following information no later than the
thirtieth day after the date the notice of the rendition of this decree is received:
(a) the Social Security number of the party providing insurance;
(b) the name and address of the employer of the party providing insurance;
(c) whether the employer is self-insured or has health insurance available;
(d) proof that health insurance has been provided for the child; and
(e) the name of the health insurance carrier, the number of the policy, a copy of
the policy and schedule of benefits, a health insurance membership card,
Final Decree of Divorce - Page 22
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claim forms, and any other information necessary to submit a claim or, if the
employer is self-insured, a copy of the schedule of benefits, a membership
card, claim forms, and any other information necessary to submit a claim.
if IS FURTHER ORDERED that any party carrying health insurance on the child shall
furnish to the other party a copy of any renewals or changes to the policy no later than the fifteenth
day after the renewal or change is received.
if IS FURTHER ORDERED that a party providing health insurance shall provide to the
other party and the child support registry any additional information regarding health insurance
coverage that becomes available to the party providing insurance, IT IS FURTHER ORDERED that
the information shall be provided no later than the fifteenth day after the date the information is
received.
13. Termination or Lapse of Insurance - If the health insurance coverage for the child
lapses or terminates, the party who is providing the insurance is ORDERED to notify the other party
a4 no later than the fifteenth day after the date of termination or lapse. If additional health insurance
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U is available or becomes available at a reasonable cost to Michael A. Sarro for the child, Michael A.
1
Sano is ORDERED to notify Joyce Ann Sarro and the child support registry no later than the
fifteenth day after the date the insurance becomes available and to enroll the child in a health
insurance plan at the next available enrollment period.
14. Place of Transmittal - IT IS ORDERED that all bills, invoices, statements, claims,
a explanations of benefits, insurance policies, medical insurance identification cards, other documents,
a and written notices, as well as payments, required to be transmitted by one party to the other under
p
Final Decree of Divorce - Page 23
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DOCUMENT SCANNED AS FILED
the health-care coverage and health insurance provisions of this decree shall be transmitted by the
sending party to the residence of the receiving party.
15. WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE OR
TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF
HEALTH INSURANCE WHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL
EXPENSES OF THE CHILD, WITHOUT REGARD TO WHETHER THE EXPENSES WOULD
HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR THE COST
OF HEALTH INSURANCE PREMTUMS OR CONTRIBUTIONS, IF ANY, PAID ON BEHALF
OF THE CHILD.
No Credit for Informal Payments.
if IS ORDERED that the child support as prescribed in this decree shall be exciusive]y
discharged in the manner ordered and that any direct payments made by Michael A. Sarro to Joyce
Ann Sarro or any expenditures incurred by Michael A. Sarro during Michael A. Sarro's periods of
possession of or access to the child, as prescribed in this decree, for food, clothing, gifts, travel,
()
4 shelter, or entertainment are deemed in addition to and not in lieu of the support ordered in this
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decree.
1' Support as Obligation of Estate.
IT IS ORDERED that the provisions for child support in this decree shall be an obligation
of the estate of Michael A. Sarro and shall not terminate on the death of Michael A. Sarro. Payments
received for the benefitof the child from the Social Security Administration, Department of Veterans
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Affairs, other government agency, or lifeinsurance shall be a credit against this obligation.
Termination of Orders on Remarriage of Parties
Final Decree of Divorce - Page 24
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DOCUMENT SCANNED AS FILED
The provisions of this decree relating to current child support terminate on the remarriage
of MichaelA. Sarro to Joyce Ann Sarro unless a nonparent or agency has been appointed conservator
of the child under chapter 153 of the Texas Family Code. An obligation to pay child support under
this decree does not terminate on the death of Joyce Ann Sarro but continues as an obligation to
MICHAEL ANDREW SARRO.
Medical Notification
Each party is ORDERED to inform the other party within twenty-four hours of any medical
condition of the parties' child requiring Surgical intervention, hospitalization, or both.
Information Regarding Parties
The information required for each party by section 105.006(a) of the Texas Family Code is
as follows:
Name: Michael A. Sarro
Social Security number: XXX-XX-XXXX
Driver's license number: 07300173 Issuing state: Texas
Current residence address: 10426 Severn Road, San Antonio, Texas 78217
Mailing address: 10426 Severn Road, San Antonio, Texas 78217
Home telephone number: (210) 602-8010
C)
Name of employer: VIA Metropolitan Transit
Address of employment: 800W. Myrtle, San Antonio, Texas 78212
b Work telephone number: (210) 362-2460
1
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Name: Joyce Ann Sarro
Social Security number: 467- 17-4430
Driver's license number 00641322 Issuing state: Texas
Current residence address: P.O. Box 762352, San Antonio, Texas 78245
Mailing address: P.O. Box 762352, San Antonio, Texas 78245
Home telephone number: (210) 299-3735
L Name of employer: Self-employed
Address of employment: P.O. Box 762352, San Antonio, Texas 78245
Work telephone number: (210) 299-3735
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4 EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY EACH
F
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Final Decree of Divorce - Page 25
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DOCUMENT SCANNED AS FILED
OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY CHANGE IN
THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, HOME
TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, DRIVERS
LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS ORDERED TO
GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED INFORMATION
TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY ON OR
BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT
KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO
PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OFTHE CHANGE
ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE
CHANGE.
THE DUTY TO FURNTSH THIS INFORMATION TO EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, BY
VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR
U ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
4
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE EACH
1
/ OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE CHANGE IN
3 THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE
THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE
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L PUNISHED BY CONFINEMENT IN JAR FOR UP TO SIX MONTHS, A FINE OF UP TO $500
4
3 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF AFFORNEY'S
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4 FEES AND COURT COSTS.
Final Decree of Divorce - Page 26
DOCUMENT SCANNED AS FILED
Notice shall be given to the other party by delivering a copy of the notice to the party by
registered or certified mail, return receipt requested. Notice shall be given to the Court by delivering
a copy of the notice either in person to the clerk of the Court or by registered or certified mail
addressed to the clerk at 100 Dolorosa, San Antonio, Texas 78205. Notice shall be given to the state
case registry by mailing a copy of the notice to State Case Registry, P.O. Box 12017, Austin, Texas
78711-2017.
WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD
SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER
LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING
OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT
FOR PAYMENT OF AYFORNEY'S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE PLACE
AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE PARTY'S
NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
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0 FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING
1 THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD. REFUSAL
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1 BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES NOT JUSTIFY
5
FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT PARTY.
! Division of Marital Estate
The Court finds that the following is a just and right division of the parties' marital estate,
5
4 having due regard for the rights of each party and the child of the maniage.
P
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Final Decree of Divorce - Page27
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DOCUMENT SCANNED AS FILED
Property to Husband
IT IS ORDERED AND DECREED that the husband, Michael A. Sarro, is awarded the
following as his sole and separate property, and the wife is divested of all right, title, interest, and
claim in and to that property:
Fl-i. One-half undivided interest in the following real property: Legal Description: Lot
16, New City Block 19148, Guilbeau Park, Unit 4, in the City of San Antonio, Bexar
County, Texas, according to the map or plat of record in Volume 9531, Pages 181-
183, Deed and Flat Records of Bexar County, Texas.
H-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the husband or subject to his sole
control.
H-3. The following furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment, current in possession of Respondent: Indian picture,
three (3) Boston acoustic speakers, two (2) black speaker stands, wheel barrow, Via
bench, and BBQ pit.
H-4. All clothing, jewelry, and other personal effects in the possession of the husband or
subject to his sole control. -
H-S. All sums of cash in the possession of the husband or subject to his sole control,
including funds on deposit, together with accrued but unpaid interest, in banks,
- savings institutions, or other financial institutions, which accounts stand in the
husband's sole name or from which the husband has the sole right to withdraw funds
4 or which are subject to the husband's sole control.
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9 H-6. The 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, Keogh plan, pension plan,
o employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid
bonuses, disability plan, or other benefits existing by reason of the husband's past,
present, or future employment including but not limited to VIA Metropolitan Transit
y Retirement Plan; and Public Sector Service Center Deferred Compensation account
O no. XXX-XX-XXXX, subject to that portion awarded to Respondent herein.
H-7. The individual retirement accounts, simplified employee pensions, annuities, and
variable annuity life insurance benefits in the husband's name.
4 H-S. All policies of life insurance (including cash values) insuring the husband's life.
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Final Decree of Divorce - Page 28
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DOCUMENT SCANNED AS FILED
H-9. The 1992 Acura Vigor motor vehicle together with all prepaid insurance, keys and
title documents.
H-b. Any property or interests acquired by Michael A. Sarro after July 17, 1998 which is
further confirmed as the separate property of Michael A. Sarro.
Property to Wife
IT IS ORDERED AND DECREED that the wife, Joyce Ann Sarro, is awarded the following
as her sole and separate property, and the husband is divested of all right, title, interest, and claim
in and to that property:
W- 1. One-half undivided interest in and to the following real property, including but not
limited to any escrow funds, prepaid insurance, keys, house plans, warranties and
service contracts, and title and closing documents; and all utility deposits in her
name: Legal Description: Lot 16, New City Block 19148, Guilbeau Park, Unit 4, in
the City of San Antonio, Bexar County, Texas, according to the map or plat of record
in Volume 9531, Pages 181-183, Deed and Plat Records of Bexar County, Texas.
W-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the wife or subject to her sole control.
W-3. All clothing, jewelry, and other personal effects in the possession of the wife or
subject to her control.
• All sums of-cash in the possession-of the wife or subject to her sole control, including
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funds on deposit, together with accrued but unpaid interest, in banks, savings
institutions, or other financial institutions, which accounts stand in the wife's sole
0 name or from which the wife has the sole right to withdraw finds or which are
subject to the wife's sole control. -
1 W-5. A 50% portion of Michael A. Sarro's retirement benefits in (a) the income and
S principal accrued from June 6, 1993 until July 17, 1998, of the VIA Metropolitan
Transit Retirement Plan: and (b) a 50% portion of the income accrued from June 6,
C 1993 until July17, 1998, of the Public Sector Service CenterDeferred Compensation
account no. XXX-XX-XXXX, arising out of Michael A. Sarro's employment with VIA
4 Metropolitan Transit, more particularly defined in the Qualified Domestic Relations
3 Order signed by the Court.
5
4 W-6. The 1992 Honda Civic motor vehicle together with all prepaid insurance, keys, and
title documents.
Final Decree of Divorce - Page 29
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DOCUMENT SCANNED AS FILED
W-7. The 1985 Toyota Pickup together with all prepaid insurance, keys, and title
documents.
W-8. Any property or interests acquired by Joyce Ann Sarro after July 17, 1998 which is
further confirmed as the separate property of Joyce Ann Sarro.
Division of Debt
Debts to Husband
IT IS ORDERED AND DECREED that the husbnd, Michael A. Sarro, shall pay, as a part
of the division of the estate of the parties, and shall indemnify and hold the wife and her property
harmless from any failUre to so discharge, these items:
H-i. Any and all debts, charges, liabilities, and other obligations incurred solely by the
husband from and after March 10, 1998 unless express provision is made in this
decree to the contrary.
H-2. The balance due, including principal, interest, and all other charges, on the promissory
note given as part of the purchase price of and secured by a lien on the 1992 Acura
Vigor motor vehicle awarded to husband.
4 H-3. All encumbrances, ad valorem taxes, liens, assessments, or other charge due or to
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0 become due on the personal property awarded to the husband in this decree unless
express provision is made in this decree.
95 H-4. All accounts in Petitioner's name, inclluding the following debts, charges, liabilities,
V and obligations:
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L 1. Capital One Visa
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3 2. Capital One Visa
z 3. Providian Visa Classic
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G
Final Decree of Divorce - Page 30
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DOCUMENT SCANNED AS FILED
ri, Alice Sarro
5. Sears (Respondent's) account to be closed immediately, Husband is
responsible for the balance only through April, 1998.
Debts to Wife
IT IS ORDERED AND DECREED that the wife, Joyce Ann Sarro, shall pay, as a part
of the division of the estate of the parties, and shall indemnify and hold the husband and his property
harmless from any failure to so discharge, these items:
W- 1. Any and all debts, charges, liabilities, and other obligations incurred solely by the wife
from and after March 10, 1998 unless express provision is made in this decree to the
contrary.
W-2. The balance due, including principal, interest, tax, and insurance escrow, on the
promissory note executed by Michael A. Sarro, in the original principal sum of
approximately $91,718.00, dated March 20, 1996, payable to Old Kent Mortgage
Company, and secured by deed of trust on the real property awarded in this decree to
13 husband and wife, which is recorded in the Deed of Trust Records of Bexar County,
4
0 Texas.
'1 W-3. All accounts in Respondent's name, including the following debts, charges,
1 liabilities, and obligations:
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I. Circuit City
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L 2. Spiegal
4 3. Best Bank/Visa
3
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4 4. JCPenneys
Final Decree of Divorce - Page 31
DOCUMENT SCANNED AS FILED
5. Mervyns
6. Beaus
7. Best Buy
8. Conns
9. Dillards
10. Levitz
1I. Lacks
W-4. All encumbrances, ad valorem taxes, liens, assessments, or other charge due or to
become due on the personal property awarded to the husband in this decree unless
express provision is made in this decree.
W-5. Thebalance due, including principal, interest and all other charges, on the promissary
note payable to Michael Engelte, and given as part of the purchase of and secured by
lien on the 1985 Toyota Pickup Truck motor vehicle awarded to wife.
Notice
IT IS ORDERED AND DECREED that each party shall send to the other party, within three
O days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any
potential liability of the other party.
PROVISIONS DEALING WITH SALE OF RESIDENCE
v IT IS FURTHER ORDERED AND DECREED that unless otherwise herein, upon the child
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attaining the age of eighteen years and otherwise emancipated, the property and all improvements
located thereon at lotl6, block 1, New City Block 19148, Guilbeau Park subdivision, section/unit 4,
5
4 according to the map, plat, or deed records of San Antonio, Bexar County, Texas, and more
6 Final Decree of Divorce - Page 32
DOCUMENT SCANNED AS FILED
commonly know as 8839 Roquefort, San Antonio, Bexar County, Texas, shall be sold under the
following terms and conditions:
The parties shall list the property with a duly licensed real estate broker having sales
experience in the area where the property is located, provided further that the real estate broker shall
be an active member in the Multiple Listing Service with the San Antonio Board of Realtors.
2. The property shall be sold for a price that is mutually agreeable to Petitioner and
Respondent. if no agreement is reached with 30 days, the court retains jurisdiction to enter any further
orders, as neceAsary.
3. Respondent shall continue to make all payments of principal, interest, taxes, and
insurance on the property after the entry of the decree and during the pendency of the sale, and
Respondent shall have the exclusive right to enjoy the use and possession of the premises until
closing. All maintenance and repairs necessary to keep the property in its present condition shall be
paid by Respondent
4. At closing, the Respondent shall be entitledto receive seventy-five -percent (75%) of
04 the net proceeds, after payment of closing cost and remaining encumbrance owed to Old Kent
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U Mortgage Company (or its successors or assigns), and Petitioner shall be entitled to receive Twenty
-five percent (25%) of the net proceeds, after payment of closing costs and remaining encumbrance
0
1. owed to Old Kent Mortgage Company (or its successors or assigns).
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v 5. The real property shall not be used to secure any home equity mortgages prior to the
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L sale.
6. After July 17, 2002 but prior to the child is otherwise emancipated or by order of the
5
4 court, the parties may mutually agree ti sell the house under the provisions provided on subparagraphs
Final Decree of Divorce - Page 33
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DOCUMENT SCANNED AS FILED
(1)-(5) above.
7. If respondent secures refinancing in her name only, on or before July 12, 2002, no net
sales proceeds shall be divided between the parties.
Attorneys 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 child, each party shall be
responsible for his or her own attorney's fees, expenses and costs incurred as a result of legal
representation in this case.
Confirmation of Separate Property
IT IS ORDERED AND DECREED that the following described property is confirmed as the separate
property of MICHAEL SARRO:
1. all property and interests acquired by Michael A. Sarro after July 17, 1998; and
2. any and all of Petitioner's interest in retirement plan and deferred compensation plan
on or before June 5, 1993.
0 IT IS ORDERED AND DECREED that the following described property is confirmed as the
'9
a1 separate property of Joyce Ann Sarro:
7 1. all property and interests acquired by Joyce Ann Sarro after July 17, 1998; and
2
'3
1 2. personal injury lawsuit against Gunn-Acura; however, Respondent is responsible for
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V payment of all related medical expenses.
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L Transfer and Delivery of Property
4 Michael A. Sarro is ORDERED to appear in the law offices of Pedro V. Hernandez, Jr. at 301
3
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4 So. Main Ave., San Antonio, Texas 78204 at 10:00 am, on August 26, 1998, and to execute, have
Final Decree of Divorce - Page 34
3
0
9
2
DOCUMENT SCANNED AS FILED
acknowledged, and deliver to Pedro Hernandez these instruments:
1. Power of attorney to transfer motor vehicle.
Michael A. Sarro is ORDERED to appear in the law offices of Pedro V. Hernandez, Jr. at 301
So. Main Ave., San Antonio, Texas 78204 at 10:00 am. on July 3 1,1998, and to execute, have
acknowledged, and deliver to John A. Mead these instruments:
Certificate of title to motor vehicle; and
2. Power of attorney to transfer motor vehicle.
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.
Direction to Deliver Property
Michael A. Sarro is ORDERED to deliver to Joyce Ann Sarro on August 26, 1998 at 301 So.
Main Ave., San Antonio, Texas 78204 at 6:00 p.m. these items:
1. All Tax statements, house papers, payment book and keys in his possession, custody
or control, for property located at 8839 Roquefort, San Antonio, Texas 78250.
Joyce Ann Sarro is ORDERED to deliver to Michael A. Sarro on August 26, 1998 at 301 So. Main
Ave., San Antonio, Texas 78204 at 6:00 p.m. these items:
1. All legal papers pertaining to the vehicle awarded to husband, a power of attorney,
together with all key's insurances policies, registration, papers, and title documents.
2. Other items to be picked up my Michael A. Sarro at 8839 Roquefort, San Antonio, Tx
on August 21, 1998, at 6:00 p.m.: Indian picture, three (3) Boston acoustic speakers, Two (2) black
speaker stands, wheel barrow, Via bench, and BBQ pit.
Fina' Decree of Divorce - Page 35
DOCUMENT SCANNED AS FILED
Court Costs
if IS ORDERED AND DECREED that costs of court are to be borne by the party who
incurred them.
Discharge from Discovery Retention Requirement
if IS ORDERED AND DECREED that the parties and their respective attorneys are
discharged from the requirement of keeping and storing the documents produced in this case in
accordance with rule 191.4(d) of the Texas Rules of Civil Procedure.
Clarifying Orders
Without affecting the finality of this Final Decree of Divorce, this Court expressly reserves
the right to make orders necessary to clarify and enforce this decree.
Relief Not Granted
if IS ORDERED AND DECREED that all relief requested in this case and not expressly
granted is denied. This is a. final judgment, for which let execution and all writs and processes
necessary to enforce this judgment issue. This judgment finally disposes of all claims and all parties
0 and is appealable.
9 14. Date of Judgment
This divorce judicially PRONOUNCED AND RENDERED in Court at San Antonio, Bexar
1. County, Texas, on August 17, 2004 and further noted on the Court's Docket sheet on the same date,
S
lJday of.
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but signed on the fr2O15.
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A & PRESIDING
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C, Final Decree of Divorce Page 36
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DOCUMENT SCAIThED AS FILED
APPROVED AS TO FORM ONLY;
Law OFFICFS OF.IOHN A. MMD
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CORDEUF & COR-DRU, Pt
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Appendix B
1
DOCUMENT SCANNED AS FILED
11 1tMMII
1610
0
0 Ill
1998C103821 -D073
NO. 1998-CI-03821
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
MICHAEL A. SARRO §
AND § 73RD JUDICIAL DISTRICT
JOYCE ANN SARRO §
§
AND IN THE INTEREST OF §
M.A.S., A CHILD § BEXAR COUNTY, TEXAS
ORDER DENYING MOTION FOR NEW TRIAL
On June 11, 2015, Judge Nellermoe heard legal argument and considered the
Respondent's Motion for New Trial.
The Court finds that the Motion for New Trial is denied.
SIGNED on JUN i 2 zolS
JUDGE PRESIDING
APPROVED AS TO FORM ONLY:
0
91 CORDELL & CORDELL, P.C.
10101 Reunion Place,
Suite 250
San Antonio, Texas 78216
2 Tel: (210) 812-3400
9S Fax: (210) 812-3401
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L By: e' ,tj Lt
Cordell & Cordell, LLP, by Rachel S.
Attorney for Michael A. Sarro
1?
9 State Bar No. 24081315
6 santoffice@cordelllaw.com
P
2
U IMOM Sar7-0198-cI -03821
4 Order Denying Motion for New Trial/RSS Page 1
DOCUMENT SCANNED AS FILED
LAW OFFICES OF JOHN A. MEAD
Tower Life Building
310 S. St. Mary's St., Suite 1470
San Antonio, TX 78205
Tel: (210) 222-0981
Fax: (210) 281-1845
JOFVA. MEAD
Attorney for Joyce Ann Sarro
State Bar No.:13878800
johncjohnrneadIaw.corn
/
1
1.
Appendix C
1
Ll
NO. 98-CI-03821
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
MICHAEL A. SARRO §
AND § 73RD JUDICIAL DISTRICT
JOYCE ANN SARRO §
§
AND IN THE INTEREST OF §
MICHAEL ANDREW SARRO, A § BEXAR COUNTY, TEXAS
CHILD
FINAL DECREE OF DIVORCE
On July 17, 1998, the Court heard this case.
1. Appearances.
Petitioner, MICHAEL A. SARRO, appeared in person and through attorney of record,
PEDRO V. HERNANDEZ, JR., and announced ready for trial.
Respondent, JOYCE ANN SARRO, appeared in person and through attorney of record,
ABEL A. DOMINGUEZ, and announced ready for trial.
Record.
The record of testimony was duly reported by
3 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 of this case and of all the parties and that at least sixty days have
elapsed since the date the suit was filed. The Court finds Petitioner has been a domiciliary of
Texas 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 ninety-day period preceding the filing of this action.
All persons entitled to citation were properly cited.
4. Jun.
A jury was waived, and all questions of fact and of law were submitted to the Court.
5. Divorce.
IT IS ORDERED AND DECREED that MICHAEL A. SARRO, Petitioner, and JOYCE
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ANN SARRO, Respondent, are divorced and that the marriage between them is dissolved on the
ground of insupportability.
6. Child of the Marriage.
The Court finds that Petitioner and Respondent are the parents of the following child:
Name: MICHAEL ANDREW SARRO
Sex: MALE
Birthplace:SAN ANTONIO, TX
Birth date:June 23, 1994
Home state:Texas
The Court finds no other children of the marriage are expected.
7. Conservatorship and Support.
The Court, having considered the circumstances of the parents and of the child, finds that
the following orders are in the best interest of the child.
Parent Joint Managing Conservators.
IT IS ORDERED that MICHAEL A. SARRO and JOYCE ANN SARRO are appointed
parent joint managing conservators of the following child: MICHAEL ANDREW SA.RRO.
Rights and Duties at All Times.
IT IS ORDERED that, at all times, MICHAEL A. SARRO and JOYCE ANN SARRO, as
parent joint managing conservators, shall each have the following rights and duty:
I. the right to receive information from the other parent concerning the health,
education, and welfare of the child;
2. the duty to inform the other parent in a timely manner of significant information
concerning the health, education, and welfare of the child;
3. the right to confer with the other parent to the extent possible before making a
decision concerning the health, education, and welfare of the child;
4. the right of access to medical, dental, psychological, and educational records of
the child;
5. the right to consult with a physician, dentist, or psychologist of the child;
6. the right to consult with school officials concerning the child's welfare and
educational status, including school activities;
7. the right to attend school activities;
8. the right to be designated on the child's records as a person to be notified in case
of an emergency;
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9. the right to consent to medical, dental, and surgical treatment during an
emergency involving an immediate danger to the health and safety of the child; and
10.
the right to manage the estate of the child to the extent the estate has been created
by the parent or the parent's family.
Rights and Duties during Periods of Possession.
IT IS ORDERED that, during their respective periods of possession, MICHAEL A.
SARRO and JOYCE ANN SARRO, as parent joint managing conservators, shall each have the
following rights and duties:
1. the duty of care, control, protection, and reasonable discipline of the child;
2. the duty to support the child, including providing the child with clothing, food,
shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the child to medical and dental care not involving an
invasive procedure;
4. the right to consent for the child to medical, dental, and surgical treatment during
an emergency involving immediate danger to the health and safety of the child; and
the right to direct the moral and religious training of the child.
Other Rights and Duties of Petitioner.
IT IS ORDERED that MICHAEL A. SARRO, as a parent joint managing conservator,
shall have the following rights and duty:
1. the right to consent to medical, dental, and surgical treatment involving invasive
procedures and to consent to psychiatric and psychological treatment of the child subject to the
agreement of the other parent conservator;
2. the right to represent the child in legal action and to make other decisions of
substantial legal significance concerning the child subject to the agreement of the other parent
conservator;
the right to consent to marriage and to enlistment in the armed forces of the
United States subject to the agreement of the other parent conservator;
4. the right to make decisions concerning the child's education subject to the
agreement of the other parent conservator, except as otherwise ordered herein by the Court;
5. the right to the services and earnings of the child subject to the agreement of the
other parent conservator;
6. except when a guardian of the child's estate or a guardian or attorney ad litem has
been appointed for the child, the right to act as an agent of the child in relation to the child's
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estate if the child's action is required by a state, the United States, or a foreign government
subject to the agreement of the other parent conservator; and
7. the duty to manage the estate of the child to the extent the estate has been created
by community property or the joint property of the parents subject to the agreement of the other
parent conservator.
Other Ri g hts and Duty of Respondent.
IT IS ORDERED that JOYCE ANN SARRO, as a parent joint managing conservator,
shall have the following rights and duty:
1. the right to establish the primary residence of the child;
2. the right to consent to medical, dental, and surgical treatment involving invasive
procedures and to consent to psychiatric and psychological treatment of the child subject to the
agreement of the other parent conservator;
3. the right to receive and give receipt for periodic payments for the support of the
child and to hold or disburse these funds for the benefit of the child;
4. the right to represent the child in legal action and to make other decisions of
substantial legal significance concerning the child subject to the agreement of the other parent
conservator;
5. the right to consent to marriage and to enlistment in the armed forces of the
United States subject to the agreement of the other parent conservator;
6. the right to make decisions concerning the child's education subject to the
agreement of the other parent conservator, except as otherwise ordered herein by the court;
the right to the services and earnings of the child subject to the agreement of the
other parent conservator;
8. except when a guardian of the child's estate or a guardian or attorney ad litem has
been appointed for the child, the right to act as an agent of the child in relation to the child's
estate if the child's action is required by a state, the United States, or a foreign government
subject to the agreement of the other parent conservator; and
9. the duty to manage the estate of the child to the extent the estate has been created
by community property or the joint property of the parents subject to the agreement of the other
parent conservator.
Education - No Home School
IT IS ORDERED that the child shall not be educated by at home by Respondent, Home
Schooling, unless otherwise ordered by the court.
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Geographical Area for Primary Residence.
IT IS ORDERED that the primary residence of the child shall be within Bexar, Bandera,
Medina, Atascosa or Comal County, TX. The parties shall not remove the child from within
Bexar, Bandera, Medina, Atascosa or Comal County, TX for the purpose of changing the primary
residence of the child until modified by further order of the court of continuing jurisdiction or by
written agreement signed by the parties and filed with the court. IT IS FURTHER ORDERED
that JOYCE ANN SARRO shall have exclusive right to establish the child's primary residence
within Bexar, Bandera, Medina, Atascosa or Comal County, TX.
Standard Possession Order
The Court finds that the following provisions of this Standard Possession Order are
intended to and do comply with the requirements of Texas Family Code sections 153.311
through 153.317. IT IS ORDERED that the conservators shall comply with all terms and
conditions of this Standard Possession Order. IT IS ORDERED that this Standard Possession
Order is effective immediately and applies to all periods of possession occurring on and after the
signing of this Standard Possession Order. IT IS, THEREFORE, ORDERED:
(a) Definitions
In this Standard Possession Order "school" means the primary or
secondary school in which the child is enrolled or, if the child is not enrolled in a
primary or secondary school, the public school district in which the child
primarily resides.
2. In this Standard Possession Order 'child' includes each child,
whether one or more, who is a subject of this suit while that child is under the age
of eighteen years and not otherwise emancipated.
(b) Mutual Agreement or Specified Terms for Possession
IT IS ORDERED that the conservators shall have possession of the child
at times mutually agreed to in advance by the parties, and, in the absence of
mutual agreement, it is ORDERED that the conservators shall have possession of
the child under the specified terms set out in this Standard Possession Order.
(c) Parents Who Reside 100 Miles or Less Anart
Except as otherwise explicitly provided in this Standard Possession Order,
when MICHAEL A. SARRO resides 100 miles or less from the primary residence
of the child, MICHAEL A. SARR.O shall have the right to possession of the child
as follows:
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1. Weekends - On weekends, beginning at 6:00 p.m., on the first, third, and
fifth Friday of each month and ending at 6:00 p.m. on the following Sunday.
2. Weekend Possession Extended by a Friday Holiday. Except as otherwise
explicitly provided in this Standard Possession Order, if a weekend period of possession
by MICHAEL A. SARRO begins on a Friday that is a school holiday during the regular
school term or a federal, state, or local holiday during the summer months when school is
not in session, that weekend period of possession shall begin at 6:00 p.m. on the Thursday
immediately preceding the Friday holiday or school holiday.
3. Weekend Possession Extended b y a Monday Holiday. Except as
otherwise explicitly provided in this Standard Possession Order, if a weekend period of
possession by MICHAEL A. SARRO ends on or is immediately followed by a Monday
that is a school holiday during the regular school term or a federal, state, or local holiday
during the summer months when school is not in session, that weekend period of
possession shall end at 6:00 p.m. on that Monday holiday or school holiday.
4. Wednesdays - On Wednesday of each week during the regular school
term, beginning at 6:00 p.m. and ending at 8:00 p.m.
5. Christmas Holidays in Even-Numbered Year - In even-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas
school vacation and ending at noon on December 26.
6. Christmas Holiday s in Odd-Numbered Years - In odd-numbered years,
beginning at noon on December 26 and ending at 6:00 p.m. on the day before school
resumes after that Christmas school vacation.
7. Thanksgiving in Odd-Numbered Years - In odd-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving
holiday and ending at 6:00 p.m. on the following Sunday.
8. Spring Break in Even-Numbered Years - In even-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the school's
spring vacation and ending at 6:00 p.m. on the day before school resumes after that
vacation.
9. Extended Summer Possession by MICHAEL A. SARRO
With Written Notice by May I - If MICHAEL A. SARRO gives JOYCE ANN
SARRO written notice by May 1 of a year specifying an extended period or periods of
summer possession for that year, MICHAEL A. SAR.RO shall have possession of the
child for thirty days beginning no earlier than the day after the child's school is dismissed
Page -6-
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for the summer vacation and ending no later than seven days before school resumes at the
end of the summer vacation in that year, to be exercised in no more than two separate
periods of at least seven consecutive days each, as specified in the written notice. These
periods of possession shall begin and end at 6:00 p.m.
Without Written Notice b y May 1 - If MICHAEL A. SARRO does not give
JOYCE ANN SARRO written notice by May I of a year specifying an extended period or
periods of summer possession for that year, MICHAEL A. SARRO shall have possession
of the child for thirty consecutive days in that year beginning at 6:00 p.m. on July 1 and
ending at 6:00 p.m. on July 31.
10. Child's Birthday - If MICHAEL A. SARRO is not otherwise entitled under
this Standard Possession Order to present possession of the child on the child's birthday,
MICHAEL A. SARRO shall have possession of the child beginning at 6:00 p.m. and
ending at 8:00 p.m. on that day, provided that MICHAEL A. SARRO picks up the child
from JOYCE ANN SARRO's residence and returns the child to that same place.
11. Father's Day Weekend - Each year, beginning at 6:00 p.m. on the Friday
preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if he is not
otherwise entitled under this Standard Possession Order to present possession of the
child, he shall pick up the child from JOYCE ANN SARRO's residence and return the
child to that same place.
Notwithstanding the weekend and Wednesday periods of possession ORDERED
for MICHAEL A. SARRO, it is explicitly ORDERED that JOYCE ANN SARRO shall
have a superior right of possession of the child as follows:
1. Christmas Holidays in Odd-Numbered Years - In odd-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas
school vacation and ending at noon on December 26.
2. Christmas Holidays in Even-Numbered Years - In even-numbered years,
beginning at noon on December 26 and ending at 6:00 p.m. on the day before school
resumes after that Christmas school vacation.
3. Thanksgiving in Even-Numbered Years - In even-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving
holiday and ending at 6:00 p.m. on the following Sunday.
4. Spring Break in Odd-Numbered Years - In odd-numbered years, beginning
at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation
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and ending at 6:00 p.m. on the day before school resumes after that vacation.
5. Summer Weekend Possession by JOYCE ANN SARRO - If JOYCE ANN
SARRO gives MICHAEL A. SARRO written notice by June 1 of a year, JOYCE ANN
SARR.O shall have possession of the child on any one weekend beginning at 6:00 p.m. on
Friday and ending at 6:00 p.m. on the following Sunday during any one period of the
extended summer possession by MICHAEL A. SARRO in that year, provided that
JOYCE ANN SARRO picks up the child from MICHAEL A. SARRO and returns the
child to that same place.
6. Extended Surhmer Possession by JOYCE ANN SARRO - If JOYCE ANN
SARRO gives MICHAEL A. SAR.RO written notice by May 15 of a year or gives
MICHAEL A. SARRO fourteen days written notice on or after May 16 of a year, JOYCE
ANN SARRO may designate one weekend beginning no earlier than the day after the
child's school is dismissed for the summer vacation and ending no later than seven days
before school resumes at the end of the summer vacation, during which an otherwise
scheduled weekend period of possession by MICHAEL A. SAR.RO shall not take place in
that year, provided that the weekend so designated does not interfere with MICHAEL A.
SARRO's period or periods of extended summer possession or with Father's Day
Weekend.
7. Child's Birthday - If JOYCE ANN SAR.RO is not otherwise entitled under
this Standard Possession Order to present possession of the child on the child's birthday,
JOYCE ANN SARRO shall have possession of the child beginning at 6:00 p.m. and
ending at 8:00 p.m. on that day, provided that JOYCE ANN SARRO picks up the child
from MICHAEL A. SARRO's residence and returns the child to that same place.
8. Mother's Day Weekend - Each year, beginning at 6:00 p.m. on the Friday
preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if
JOYCE ANN SARRO is not otherwise entitled under this Standard Possession Order to
present possession of the child, she shall pick up the child from MICHAEL A. SARRO's
residence and return the child to that same place.
JOYCE ANN SARRO shall have the right of possession of the child at all other
times not specifically designated in this Standard Possession Order for MICHAEL A.
(d) Parents Who Reside More Than 100 Miles Apart
Except as otherwise explicitly provided in this Standard Possession Order,
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when MICHAEL A. SARRO resides more than 100 miles from the residence of
the child, MICHAEL A. SARRO shall have the right to possession of the child as
follows:
1. Weekends - Unless MICHAEL A. SARRO elects the alternative period of
weekend possession described in the next paragraph, MICHAEL A. SARRO shall have
the right to possession of the child on weekends, beginning at 6:00 p.m. on the first, third,
and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday. Except
as otherwise explicitly provided in this Standard Possession Order, if such a weekend
period of possession by MICHAEL A. SARRO begins on a Friday that is a school holiday
during the regular school term or a federal, state, or local holiday during the summer
months when school is not in session, or if the period ends on or is immediately followed
by a Monday that is such a holiday, that weekend period of possession shall begin at 6:00
p.m. on the Thursday immediately preceding the Friday holiday or school holiday or end
at 6:00 p.m. on that Monday holiday or school holiday, as applicable.
Alternate weekend possession - In lieu of the weekend possession described in the
foregoing paragraph, MICHAEL A. SARRO shall have the right to possession of the
child not more than one weekend per month of MICHAEL A. SARRO's choice beginning
at 6:00 p.m. on the day school recesses for the weekend and ending at 6:00 p.m. on the
day before school resumes after the weekend. Except as otherwise explicitly provided in
this Standard Possession Order, if such a weekend period of possession by MICHAEL A.
SARRO begins on a Friday that is a school holiday during the regular school term or a
federal, state, or local holiday during the summer months when school is not in session,
or if the period ends on or is immediately followed by a Monday that is such a holiday,
that weekend period of possession shall begin at 6:00 p.m. on the Thursday immediately
preceding the Friday holiday or school holiday or end at 6:00 p.m. on that Monday
holiday or school holiday, as applicable. MICHAEL A. SARRO may elect an option for
this alternative period of weekend possession by giving written notice to JOYCE ANN
SAflO within ninety days after the parties begin to reside more than 100 miles apart. If
MICHAEL A. SARRO makes this election, MICHAEL A. SARRO shall give JOYCE
ANN SARRO fourteen days' written or telephonic notice preceding a designated
weekend. The weekends chosen shall not conflict with the provisions regarding
Christmas, Thanksgiving, the child's birthday, and Mother's Day Weekend below.
2. Christmas Holidays in Even-Numbered Years - In even-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas
school vacation and ending at noon on December 26.
3. Christmas Holidays in Odd-Numbered Years - In odd-numbered years,
beginning at noon on December 26 and ending at 6:00 p.m. on the day before school
Page -9-
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resumes after that Christmas school vacation.
4. Thanksgiving in Odd-Numbered Years - In odd-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving
holiday and ending at 6:00 p.m. on the following Sunday.
5. Spring Break in All Years - Every year, beginning at 6:00 p.m. on the day
the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m.
on the day before school resumes after that vacation.
6. Extended Suthmer Possession b y MICHAEL A. SARRO -
With Written Notice by May 1 - If MICHAEL A. SARRO gives JOYCE ANN
SARRO written notice by May 1 of a year specifying an extended period or periods of
summer possession for that year, MICHAEL A. SARRO shall have possession of the
child for forty-two days beginning no earlier than the day after the child's school is
dismissed for the summer vacation and ending no later than seven days before school
resumes at the end of the summer vacation in that year, to be exercised in no more than
two separate periods of at least seven consecutive days each, as specified in the written
notice. These periods of possession shall begin and end at 6:00 p.m.
Without Written Notice by May 1 - If MICHAEL A. SARRO does not give
JOYCE ANN SARRO written notice by May 1 of a year specifying an extended period or
periods of summer possession for that year, MICHAEL A. SARRO shall have possession
of the child for forty-two consecutive days beginning at 6:00 p.m. on June 15 and ending
at 6:00 p.m. on July 27 of that year.
7. Child's Birthday - If MICHAEL A. SARRO is not otherwise entitled under
this Standard Possession Order to present possession of the child on the child's birthday,
MICHAEL A. SARRO shall have possession of the child beginning at 6:00 p.m. and
ending at 8:00 p.m. on that day, provided that MICHAEL A. SARRO picks up the child
from JOYCE ANN SARRO's residence and returns the child to that same place.
8. Father's Day Weekend - Each year, beginning at 6:00 p.m. on the Friday
preceding Father's Day and ending at 6:00 p.m. on Father's Day, provided that if
MICHAEL A. SARRO is not otherwise entitled under this Standard Possession Order to
present possession of the child, he shall pick up the child from JOYCE ANN SARRO's
residence and return the child to that same place.
Notwithstanding the weekend periods of possession ORDERED for MICHAEL
A. SARRO, it is explicitly ORDERED that JOYCE ANN SARRO shall have a superior
Page -10-
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right of possession of the child as follows:
1. Christmas Holidays in Odd-Numbered Years - In odd-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the Christmas
school vacation and ending at noon on December 26.
2. Christmas Holiday s in Even-Numbered Years - In even-numbered years,
beginning at noon on December 26 and ending at 6:00 p.m. on the day before school
resumes after that Christmas school vacation.
3. Thanksgiving in Even-Numbered Years - In even-numbered years,
beginning at 6:00 p.m. on the day the child is dismissed from school for the Thanksgiving
holiday and ending at 6:00 p.m. on the following Sunday.
4. Summer Weekend Possession by JOYCE ANN SARRO -If JOYCE ANN
SARRO gives MICHAEL A. SAJtRO written notice by June 1 of a year, JOYCE ANN
SABRO shall have possession of the child on any one weekend beginning at 6:00 p.m. on
Friday and ending at 6:00 p.m. on the following Sunday during any one period of
possession by MICHAEL A. SAR.RO during MICHAEL A. SARRO's extended summer
possession in that year, provided that if a period of possession by MICHAEL A. SARRO
in that year exceeds thirty days, JOYCE ANN SARRO may have possession of the child
under the terms of this provision on any two nonconsecutive weekends during that period
and .provided that JOYCE ANN SARRO picks up the child from MICHAEL A. SARRO
and returns the child to that same place.
5. Extended Summer Possession by JOYCE ANN SARRO - If JOYCE ANN
SARRO gives MICHAEL A. SARRO written notice by June 1 of a year, JOYCE ANN
SARRO may designate twenty-one days beginning no earlier than the day after the child's
school is dismissed for the summer vacation and ending no later than seven days before
school resumes at the end of the summer vacation in that year, to be exercised in no more
than two separate periods of at least seven consecutive days each, during which
MICHAEL A. SARRO shall not have possession of the child, provided that the period or
periods so designated do not interfere with MICHAEL A. SARRO's period or periods of
extended summer possession or with Father's Day Weekend.
6. Child's Birthday - If JOYCE ANN SARRO is not otherwise entitled under
this Standard Possession Order to present possession of the child on the child's birthday,
JOYCE ANN SARRO shall have possession of the child beginning at 6:00 p.m. and
ending at 8:00 p.m. on that day, provided that JOYCE ANN SARRO picks up the child
from MICHAEL A. SARRO's residence and returns the child to that same place.
7. Mother's Day Weekend - Each year, beginning at 6:00 p.m. on the Friday
preceding Mother's Day and ending at 6:00 p.m. on Mother's Day, provided that if
Page -il-
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. I
JOYCE ANN SARRO is not otherwise entitled under this Standard Possession Order to
present possession of the child, she shall pick up the child from MICHAEL A. SARROs
residence and return the child to that same place.
JOYCE ANN SARRO shall have the right of possession of the child at all other
times not specifically designated in this Standard Possession Order for MICHAEL A.
SARRO.
(e) General Terms and Conditions
Except as otherwise explicitly provided in this Standard Possession Order, the
terms and conditions of possession of the child that apply regardless of the distance
between the residence of a parent and the child are as follows:
1. Surrender of Child by JOYCE ANN SARRO - JOYCE ANN SARRO is
ORDERED to surrender the child to MICHAEL A. SARRO at the beginning of each
period of MICHAEL A. SARRCYs possession at the residence of JOYCE ANN SARRO.
2. Return of Child by MICHAEL A. SARRO - MICHAEL A. SARRO is
ORDERED to return the child to the residence of JOYCE ANN SARRO at the end of
each period of possession. However, it is ORDERED that, if MICHAEL A. SARROs
county of residence remains the same after rendition of this order and JOYCE ANN
SARR.O's county of residence changes, effective on the date of the change of residence by
JOYCE ANN SARRO, MICHAEL A. SARRO shall surrender the child to JOYCE ANN
SARRO at the residence of MICHAEL A. SARRO at the end of each period of
possession.
3. Surrender of Child by MICHAEL A. SARRO - MICHAEL A. SARRO is
ORDERED to surrender the child to JOYCE ANN SARRO, if the child is in MICHAEL
A. SARRO's possession or subject to MICHAEL A. SARRO's control, at the beginning
of each period of JOYCE ANN SARRO's exclusive periods of possession, at the place
designated in this Standard Possession Order.
4. Return of Child by JOYCE ANN SARRO - JOYCE ANN SARRO is
ORDERED to return the child to MICHAEL A. SARRO, if MICHAEL A. SARRO is
entitled to possession of the child, at the end of each of JOYCE ANN SARRO's exclusive
periods of possession, at the place designated in this Standard Possession Order.
5. Personal Effects - Each conservator is ORDERED to return with the child
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the personal effects that the child brought at the beginning of the period of possession.
6. Designation of Competent Adult - Each conservator may designate any
competent adult to pick up and return the child, as applicable. IT IS ORDERED that a
conservator or a designated competent adult be present when the child is picked up or
returned.
7. Inability to Exercise Possession - Each conservator is ORDERED to give
notice to the person in possession of the child on each occasion that the conservator will
be unable to exercise that conservator's right of possession for any specified period.
8. Written Notice - Written notice shall be deemed to have been timely made
if received or postmarked before or at the time that notice is due.
This concludes the Standard Possession Order.
Duration.
The periods of possession ordered above apply to the child the subject of this suit while
that child is under the age of eighteen years and not otherwise emancipated.
Child Suoport.
IT IS ORDERED that MICHAEL A. SARRO is obligated to pay and shall pay to JOYCE
ANN SARRO child support of $491.79 per month, with the first payment being due and payable
on August 1, 1998 and a like payment being due and payable on the 1st day of each month
thereafter until the first month following the date of the earliest occurrence of one of the events
specified below:
the child reaches the age of eighteen years, provided that, if the child is fully
enrolled in an accredited secondary school in a program leading toward a high school diploma,
the periodic child-support payments shall continue to be due and paid until the end of the month
in which the child graduates;
2. the child marries;
3. the child dies;
4. the child's disabilities are otherwise removed for general purposes; or
5. further order modifying this child support.
Withholding from Earnings.
IT IS ORDERED that any employer of MICHAEL A. SARRO shall be ordered to
withhold from earnings for child support from the disposable earnings of MICHAEL A. SARRO
for the support of MICHAEL ANDREW SARRO.
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I
Order to Employer.
On this date the Court signed an "Employer's Order to Withhold from Earnings for Child
Support."
IT IS ORDERED that all payments shall be made through Bexar County Child Support
Registry, p o Box 839901, San Antonio, TX 78283 and then remitted by that agency to JOYCE
ANN SARRO for the support of the child. IT IS FURTHER ORDERED that MICHAEL A.
SARRO shall pay, when due, all fees charged by that agency.
IT IS FURTHER ORDERED that MICHAEL A. SARRO shall notify this Court and
JOYCE ANN SARRO by U.S. certified mail, return receipt requested, of any change of address
and of any termination of employment. This notice shall be given no later than seven days after
the change of address or the termination of employment. This notice or a subsequent notice shall
also provide the current address of MICHAEL A. SARRO and the name and address of obligor's
current employer, whenever that information becomes available.
IT IS ORDERED that, on the request of a prosecuting attorney, the attorney general,
JOYCE ANN SARRO, or MICHAEL A. SARRO, the clerk of this Court shall cause a certified
copy of the "Employer's Order to Withhold from Earnings for Child Support" to be delivered to
any employer. IT IS FURTHER ORDERED that the clerk of this Court shall attach a copy of
subchapter C of chapter 158 of the Texas Family Code for the information of any employer.
Health Care.
IT IS ORDERED that health insurance shall be provided for the child as follows:
MICHAEL A. SARRO's Responsibility - It is the intent and purpose of this decree
that MICHAEL A. SARRO shall, at all times, provide and pay for health insurance for the child.
IT IS THEREFORE ORDERED that, as additional child support, MICHAEL A. SARRO shall
provide health insurance for the parties' child through (a) coverage available through MICHAEL
A. SARRO's employment, (b) coverage available through JOYCE ANN SARRO's employment,
(c) the purchase and maintenance of health insurance coverage as set out below, (d) monthly
medical support payments withheld from earnings or (e) conversion (at a later date) of health
insurance covering the child.
2. Definitions - "Health insurance" means insurance coverage that provides basic
health-care services, including usual physician services, office visits, hospitalization, and
laboratory, X-ray, and emergency services and may be provided through a health maintenance
organization or other private or public organization.
"Through employment" means through the party's employment or membership in a union,
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trade association, or other organization.
3. Insurance through MICHAEL A. SARR.Os Employment - IT IS ORDERED that,
if health insurance is available for the child through MICHAEL A. SARROs employment,
MICHAEL A. SARRO shall, at obligor's sole cost and expense, keep and maintain at all times in
full force and effect the health insurance coverage that now insures the parties' child through
MICHAEL A. SARRO's employer as issued by VIA Care Insurance Company, or a successor
company, or through such health insurance plan as is available through other employment or
other insurance provider.
4. Insurance through JOYCE ANN SARROs Employment - If health insurance is
not available for the child to MICHAEL A. SARRO through obligors employment but is
available to JOYCE ANN SARRO through obligee's employment, JOYCE ANN SA.RRO is
ORDERED to have the child covered as obligee's dependent on obligee's health insurance plan
and MICHAEL A. SARRO is ORDERED to pay to JOYCE ANN SARRO at obligees last
known address the cost of insuring the child on JOYCE ANN SAR.ROs health insurance plan on
the first day of each month after MICHAEL A. SARRO receives written demand from JOYCE
ANN SARRO for payment.
5. Conversion of Policy - IT IS ORDERED that if the party through whose
employment health insurance has been provided for the child is leaving that employment or for
any other reason health insurance will not be available for the child through the employment of
either party, the party leaving employment or losing coverage shall, within ten days of
termination of his or her employment or coverage, convert the policy to individual coverage for
the child in an amount equal to or exceeding the coverage at the time his or her employment or
coverage is terminated. Further, if that health insurance was available through JOYCE ANN
SARRO's employment, MICHAEL A. SARRO shall reimburse JOYCE ANN SARRO for the
cost of the converted policy in accordance with paragraph 4. above.
6. If Policy Not Convertible - If the health insurance policy covering the child is not
convertible and if no health insurance is available for the child through the employment of either
party, IT IS ORDERED that MICHAEL A. SARRO shall purchase and maintain, at MICHAEL
A. SARRO's sole cost and expense, health insurance coverage for the child. MICHAEL A.
SARRO is ORDERED to provide verification of the purchase of the insurance to JOYCE ANN
SARRO at JOYCE ANN SARRO's last known address, including the insurance certificate
number and the plan summary, no later than 15 days following the issuance of the policy.
7. Claim Forms - Except as provided in paragraph 9. below, the party who is not
Page -15-
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carrying the health insurance policy covering the child is ORDERED to submit to the party
carrying the policy, within ten days of receiving them, any and all forms, receipts, bills, and
statements reflecting the health-care expenses the party not carrying the policy incurs on behalf
of the child.
The party who is carrying the health insurance policy covering the child is ORDERED to
submit all forms required by the insurance company for payment or reimbursement of health-care
expenses incurred by either party on behalf of the child to the insurance carrier within ten days of
that party's receiving any form, receipt, bill, or statement reflecting the expenses.
8. Constructive Trust for Payments Received - IT IS ORDERED that any insurance
payments received by the party carrying the health insurance policy covering the child from the
health insurance carrier as reimbursement for health-care expenses incurred by or on behalf of
the child shall belong to the part y who incurred and paid those expenses. IT IS FURTHER
ORDERED that the party carrying the policy is designated a constructive trustee to receive any
insurance checks or payments for health-care expenses incurred and paid by the other party, and
the party carrying the policy shall endorse and forward the checks or payments, along with any
explanation of benefits, to the other party within three days of receiving them.
9. Filing by Party Not Carrying Insurance - In accordance with article 3.51-13 of the
Texas Insurance Code, IT IS ORDERED that the party who is not carrying the health insurance
policy covering the child may, at that party's option, file directly with the insurance carrier with
whom coverage is provided for the benefit of the child any claims for health-care expenses,
including, but not limited to, medical, hospitalization, and dental costs. However, only the party
carrying the health insurance may sign the claim form. Further, for the sole purpose of article
3.51-13 of the Texas Insurance Code, the party who is not carrying the health insurance policy is
designated the managing conservator of the child.
10. Secondary Coverage - IT IS ORDERED that nothing in this decree shall prevent
either party from providing secondary health insurance coverage for the child at that party's sole
cost and expense. IT IS FURTHER ORDERED that if a party provides secondary health
insurance coverage for the child, both parties shall cooperate fully with regard to the handling
and filing of claims with the insurance carrier providing the coverage in order to maximize the
benefits available to the child and to ensure that the party who pays for health-care expenses for
the child is reimbursed for the payment.
11. Uninsured Expenses - MICHAEL A. SARRO is ORDERED to pay 50 percent
and JOYCE ANN SARRO is ORDERED to pay 50 percent of all reasonable and necessary
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health-care expenses not paid by insurance and incurred by or on behalf of the parties' child,
including, without limitation, the yearly deductible and medical, prescription drug, dental, eye
care, ophthalmological, and orthodontic charges, for as long as child support is payable under the
terms of this decree.
12. Payment of Uninsured Expenses - IT IS ORDERED that the party who pays for a
health-care expense on behalf of the child shall submit to the other party, within ten days of
receiving them, all forms, receipts, bills, and statements reflecting the uninsured portion of the
health-care expenses the paying party incurs on behalf of the child. IT IS FURTHER ORDERED
that, within ten days after the nonpaying party receives the forms, receipts, bills, or statements,
that party shall pay his or her share of the uninsured portion of the health-care expenses either by
paying the health-care provider directly or by reimbursing the paying party for any advance
payment exceeding the paying party's share of the expenses.
13. Exclusions - The provisions above concerning uninsured expenses shall not be
interpreted to include expenses for psychological testing, travel to and from the health-care
provider, or nonprescription medication.
14. Reasonableness of Charges - IT IS ORDERED that reasonableness of the charges
for health-care expenses shall be presumed on presentation of the bill to a party and that
disallowance of the bill by a health insurer shall not excuse that party's obligation to make
payment or reimbursement as otherwise provided herein.
15. Information Required - IT IS ORDERED that a party providing health insurance
shall furnish to the other party the following information no later than the thirtieth day after the
date the notice of the rendition of this decree is received:
(a) the Social Security number of the party providing insurance;
(b) the name and address of the employer of the party providing insurance;
(c) whether the employer is self-insured or has health insurance available;
(d) proof that health insurance has been provided for the child; and
(e) the name of the health insurance carrier, the number of the policy, a copy of the
policy and schedule of benefits, a health insurance membership card, claim forms, and any other
information necessary to submit a claim or, if the employer is self-insured, a copy of the schedule
of benefits, a membership card, claim forms, and any other information necessary to submit a
claim.
IT IS FURTHER ORDERED that any party carrying health insurance on the child shall
fixrnish to the other party a copy of any renewals or changes to the policy no later than the
Page -17-
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fifteenth day after the renewal or change is received.
IT IS FURTHER ORDERED that a party providing health insurance shall provide to the
other party any additional information regarding health insurance coverage that becomes
available to the party providing insurance. IT IS FURTHER ORDERED that the information
shall be provided no later than the fifteenth day after the date the information is received.
16. Order to Employer Entered - On this date an "Employer's Order to Withhold from
Earnings for Child Support" was entered by the Court. For the purpose of section 1169 of title
29 of the United States Code, the party not carrying the health insurance policy is designated the
custodial parent and alternate recipient's representative.
17. Termination or Lapse of Insurance - If the health insurance coverage for the child
lapses or terminates, the party who is providing the insurance is ORDERED to notice the other
party no later than the fifteenth day after the date of termination or lapse. If additional health
insurance is available or becomes available to MICHAEL A. SARRO for the child, MICHAEL
A. SARRO must notify JOYCE ANN SAflO no later than the fifteenth day after the date the
insurance becomes available. MICHAEL A. SARRO must enroll the child in a health insurance
plan at the next available enrollment period.
18. Place of Transmittal - IT IS ORDERED that all bills, invoices, statements, claims,
explanations of benefits, insurance policies, medical insurance identification cards, other
documents, and written notices, as well as payments, required to be transmitted by one party to
the other under the health-care coverage and health insurance provisions of this decree shall be
transmitted by the sending party to the residence of the receiving party.
19. Warning - A parent ordered to provide health insurance who fails to do so is liable
for necessary medical expenses of the child, without regard to whether the expenses would have
been paid if health insurance had been provided.
No Credit for Informal Payments.
IT IS ORDERED that the child support as prescribed in this decree shall be exclusively
discharged in the manner ordered and that any direct payments made by MICHAEL A. SARRO
to JOYCE ANN SARRO or any expenditures incurred by MICHAEL A. SARRO during
MICHAEL A. SARRO's periods of possession of or access to the child, as prescribed in this
decree, for food, clothing, gifts, travel, shelter, or entertainment are deemed in addition to and not
in lieu of the support ordered in this decree.
Sunoort as Obligation of Estate.
IT IS ORDERED that the provisions for child support in this decree shall be an obligation
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of the estate of MICHAEL A. SARRO and shall not terminate on the death of MICHAEL A.
SARRO. Payments received for the benefit of the child from the Social Security Administration,
Department of Veterans Affairs, other government agency, or life insurance shall be a credit
against this obligation.
Medical Notification.
Each party is ORDERED to inform the other party within twenty-four hours of any
medical condition of the parties child requiring surgical intervention, hospitalization, or both.
Information Regarding Parties and Child
The information required for each party by section 105.006(a) of the Texas Family Code
is as follows:
Name: MICHAEL A. SARRO
Social Security number: XXX-XX-XXXX
Drivers license number: 07300173; Issuing state:Texas
Current residence address: 1823 W. Magnolia, San Antonio, TX 78201
Mailing address: P. 0. Box 7453, San Antonio, TX 78207
Home telephone number:NONE; Cellular phone number: (210) 823-3422
Name of employer: VIA. Metropolitan Transit
Address of employment: 1720 N. Flores St., San Antonio, TX 78212
Work telephone number:(210) 362-2499
Name: JOYCE ANN SARRO
Social Security number: XXX-XX-XXXX
Driver's license number: Issuing state: Texas
Current residence address: 8839 Roquefort, San Antonio, TX 78250
Mailing address: 8839 Roquefort, San Antonio, TX 78250
Home telephone number:(210) 543-7027
Name of employer:__________________
Address of emnlovment: )P)
P 12 7
10
Work telephone number: (2 10) G" 1/ -
Name: MICHAEL ANDREW SARRO
Social Security number: XXX-XX-XXXX
Driver's license number:none; Issuing state: Texas
Current residence address: with mother
Mailing address: same
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Home telephone number: same
Name of employer :none
Address of employment: none
Work telephone number: none
EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY OF ANY
CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT,
DRIVER'S LICENSE NUMBER, AND WORK TELEPHONE NUMBER. THE PARTY IS
ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED
INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE
REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF
THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN
SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, THE PARTY IS ORDERED TO GIVE
NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT
THE PARTY KNOWS OF THE CHANGE.
THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY, THE
COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON,
BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT
OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE
CHANGE IN THE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION
TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT
FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
Notice shall be given to the other party by delivering a copy of the notice to the party by
registered or certified mail, return receipt requested. Notice shall be given to the Court and the
State Case Registry by delivering a copy of the notice either in person to the clerk of the Court or
by registered or certified mail addressed to the clerk.
WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD
SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN
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FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF
COURT. A FINDING OF CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL
FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A
MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
PARTY'S NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY DENYING
THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A CHILD.
REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A CHILD DOES
NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO THAT
PARTY.
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 child of the marriage.
Property to Husband.
IT IS ORDERED AND DECREED that the husband, MICHAEL A. SARRO, is awarded
the following as his sole and separate property, and the wife is divested of all right, title, interest,
and claim in and to that property:
H-1. One-half undivided interest in the following real property:
Legal Description: Lot 16, New City Block 19148, Guilbeau Park, Unit 4, in the City of
San Antonio, Bexar County, Texas, according to the map or plat of record in Volume
9531, Pages 181-183, Deed and Plat Records of Bexar County, Texas;
H-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the husband or subject to his sole control.
H-3. The following furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment, currently in possession of Respondent: Indian picture, three (3)
Boston acoustic speakers, two (2) black speaker stands, wheel barrow, Via bench, and BBQ pit.
H-4. All clothing, jewelry, and other personal effects in the possession of the husband
or subject to his sole control.
H-S. All sums of cash in the possession of the husband or subject to his sole control,
including funds on deposit, together with accrued but unpaid interest, in banks, savings
institutions, or other financial institutions, which accounts stand in the husband's sole name or
Page -2 1 -
H' S
from which the husband has the sole right to withdraw finds or which are subject to the
husband's sole control.
H-6. 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, Keogh plan, pension plan, employee stock option
plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or other
benefits existing by reason of the husband's past, present, or future employment, including but
not limited to: VIA Metropolitan Transit Retirement Plan; and Public Sector Service Center
Deferred Compensation account no. XXX-XX-XXXX, subject to that portion awarded to Respondent
herein.
H-7. All policies of life insurance (including cash values) insuring the husband's life.
p Property to Wife.
IT IS ORDERED AND DECREED that the wife, JOYCE ANN SARRO, is awarded the
following as her sole and separate property, and the husband is divested of all right, title, interest,
and claim in and to that property:
W-1. One-half undivided interest in and to the following real property, including but not
limited to any escrow funds, prepaid insurance, keys, house plans, warranties and service
contracts, and title and closing documents; and all utility deposits in her name;
Legal Description: Lot 16, New City Block 19148, Guilbeau Park, Unit 4, in the City of
San Antonio, Bexar County, Texas, according to the map or plat of record in Volume
9531, Pages 181-183, Deed and Plat Records of Bexar County, Texas;
W-l. All household furniture, furnishings, fixtures, goods, art objects, collectibles,
appliances, and equipment in the possession of the wife or subject to her sole control.
W-2. All clothing, jewelry, and other personal effects in the possession of the wife or
subject to her sole control.
W-3. All sums of cash in the possession of the wife or subject to her sole control,
including funds on deposit, together with accrued but unpaid interest, in banks, savings
institutions, or other financial institutions, which accounts stand in the wife's sole name or from
which the wife has the sole right to withdraw funds or which are subject to the wife's sole
control.
W-4. A 50% portion of MICHAEL A. SARRO's retirement benefits in: (a) the income
and principal accrued from 06/06/93 until 07/17/98, of the VIA Metropolitan Transit Retirement
Plan; and (b) a 50% portion of the income accrued from 06/06/93 until 07/17/98, of the Public
i4/f?2 4ewVheft it,
H-S'.
J ,tj,ij t4zzems4
:1.
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if 00,
S
Sector Service Center Deferred Compensation acct no. 452217201 arising out of MICHAEL A.
SARRO's employment with VIA Metropolitan Transit, more particularly defined in the Qualified
Domestic Relations Orders signed by the Court, effective on the day this Final Decree of Divorce
is signed.
W-5. The 1992 Honda Civic together with all prepaid insurance,, keys, and title
documents.
Division of Debt.
Debts to Husband
IT IS ORDERED AND DECREED that the husband, MICHAEL A. SARRO, shall pay,
as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her
property harmless from any failure to so discharge, these items:
H-2. All accounts in Petitioner's name, including the following debts, charges,
liabilities, and obligations:
1. Capital One Visa
2. Capital One Visa
3. Providian Visa Classic
4. Mice Sarro
5. Sears (Respondent's account to be closed immediately, Husband responsible for
balance only through 4/98)
H-3. Any and all debts, charges, liabilities, and other obligations incurred solely by the
husband from and after March 10, 1998 unless express provision is made in this decree to the
contrary.
H-4. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to
become due on the personal property awarded to the husband in this decree unless express
provision is made in this decree to the contrary.
Debts to Wife.
IT IS ORDERED AND DECREED that the wife, JOYCE ANN SARRO, shall pay, as a
part of the division of the estate of the parties, and shall indemnify and hold the husband and his
property harmless from any failure to so discharge, these items:
W-l. The balance due, including principal, interest, tax, and insurance escrow, on the
promissory note executed by Michael A. Sarro in the original principal sum of $91,718.00, dated
March 20, 1996, payable to Old Kent Mortgage Company, and secured by deed of trust on the
W - (,. & / ltç 4¼u '44
real property awarded in this decree to the husband and wife, which is recorded in a certain
VJIISL Vt)jtH4
4
a&d Page -23-
I
numbered volume and page of the Deed of Trust Records of Bexar County, Texas.
W-3. All accounts in Respondent's name, including the following debts, charges,
liabilities, and obligations:
1. Circuit City
2. Spiegal
3. Best Bank/Visa
4. JCPenneys
5. Mervyns
6. Bealls
7. Best Buy
8. Corms
9. Dillards
10. Levitz
11. Lacks
W-4. Any and all debts, charges, liabilities, and other obligations incurred solely by the
wife from and after March 10, 1998 unless express provision is made in this decree to the
contrary.
W-5. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to
become due on the real and personal property awarded to the wife in this decree unless express
provision is made in this decree to the contrary.
LA3-( -- -Notice.
IT IS ORDERED AND DECREED that each party shall send to the other party, within
three days of its receipt, a copy of any correspondence from a creditor or taxing authority
concerning any potential liability of the other party.
Provisions Dealing with Sale of Certain Personal Property
IT IS FURTHER ORDERED AND DECREED that certain items of personal property,
those being the Michael Howard chest of drawers with mirror, armoir with chest of drawers,
whole headboard with drawers and queen size bed (not Grandmother's bed) currently in the
possession of Petitioner and Respondent, shall be sold under the following tents and conditions:
The parties shall advertise the property in the San Antonio Express-News, with
each party paying 50% of the advertising costs immediately and directly to the newspaper prior to
commencement of advertisement; such advertisement shall be requested and paid for within 10
days of the signing of the decree.
IWO
Page-24-
',wai%t &
I: !
I
2. The property shall be sold for a price that is mutually agreeable to Petitioner and
Respondent.
Petitioner shall make the property available for inspection, at a reasonable time
and date, for prospective buyers.
4. Petitioner shall have possession, custody and control of the property until closing.
All maintenance and repairs necessary to keep the property in its present condition shall be paid
by Petitioner.
5. At closing, the Respondent shall be entitled to receive fifty percent (50%) of the
net sales proceeds, after payment of selling and transportation costs and sales taxes, and
Petitioner shall be entitled to receive fifty percent (50%) of the net sales proceeds, after payment
of selling and transportation costs and sales taxes.
Provisions Dealing with Sale of Residence
IT IS FURTHER ORDERED AND DECREED that unless otherwise ordered herein,
upon the child attaining the age of eighteen years and otherwise emancipated, the property and all
improvements located thereon at lot 16, block 1, New City Block 19148, Guilbeau Park
subdivision, section/unit 4, according to the map, plat, or deed records of San Antonio, Bexar
County, Texas, and more commonly known as 8839 Roquefort, San Antonio, Bexar County,
Texas, shall be sold under the following terms and conditions:
The parties shall list the property with a duly licensed real estate broker having
sales experience in the area where the property is located, provided further that the real estate
broker shall be an active member in the Multiple Listing Service with the San Antonio Board of
Realtors.
The property shall be sold for a price that is mutually agreeable to Petitioner and
Respondent. If no agreement is reached within 30 days, the court retains jurisdiction to enter any
further orders, as is necessary.
3. Respondent shall continue to make all payments of principal, interest, taxes, and
insurance on the property after the entry of the decree and during the pendency of the sale, and
Respondent shall have the exclusive right to enjoy the-use and possession of the premises until
closing. All maintenance and repairs necessary to keep the property in its present condition shall
be paid by Respondent.
4 At closing, the Respondent shall be entitled to receive seventy-percent percent
(75%) of the net sales proceeds, after payment of closing costs and remaining encumbrance owed
to Old Kent Mortgage Company (or its successors or assigns), and Petitioner shall be entitled to
Page -25-
receive twenty-five percent (25%) of the net sales proceeds, after payment of closing costs and
remaining encumbrance owed to Old Kent Mortgage Company (or its successors or assigns).
4 The real property shall not be used to secure any home equity mortgages prior to
the sale.
After July 17, 2002 but prior to the child is otherwise emancipated or by order of
the court, the parties may mutually agree to sell the house under the provisions provided in
subparagraphs (1) - (5) above.
7. If Respondent secures refinancing in her name only, on or before July 17, 2002,
no net sales proceeds shall be divided between the parties.
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 child, each party
shall be responsible for his or her own attorney's fees incurred as a result of legal representation
in this case.
Confirmation of Separate Property.
IT IS ORDERED AND DECREED that the following described property is confirmed as
the separate property of MICHAEL A. SARRO: any and all of Petitioner's interest in retirement
plan and deferred compensation plan on or before 06/05/93.
IT IS ORDERED AND DECREED that the following described property is confirmed as
the separate property of JOYCE ANN SARRO: Personal injury lawsuit against Gunn-Acura;
however, Respondent is responsible for payment of all related medical expenses.
Reformation of Court ruling concerning vehicles.
Court finds that JOYCE ANN SARRO, refused to deliver the 1993 Acura
)
manner, therëbycausing the creditor AmeriCredit to repossess the 1993
awarded to MICHAEçA. SARRO. The Court fmds that, in equity, t efollowing realigned
awards of property and çnts of debts are ORDERED an 4afCREED:
MICHAEL A. SARRO'iawarded the 1985
prepaid insurance, keys, and title
JOYCE ANN SARRO isscard
ota Pick Up Truck together with all
th%
Acura,y rights related to it, together
'9
with all prepaid insurancJcey(and title do
IT IS oRDyc5 AND DECREED ARRO, shall pay as a part of the
division ojbe'èstate of the parties, and shall indemnify and hold band and his property
from any failure to so discharge, the balance due, including 'icip and all
Page -26-
1.
It I VI L
n .
other charges, on the promissory note payable to AmeriCredit and given as part of purchase
Xe of and secured by a lien on the 1992 Acura Vigor motor vehicle a^dio the wife, as
IT 1S'QRDEF AND DECREED that IvllC}J.&EE A. SARRO, shall pay as a part of the
division of the est4e of the parties, and shall i mnif' and hold the wife and her property
harmless from any fai to the balance due, including principal, interest, and all
other charges, on the promissable to Michael Engelke and given as part of the
purchase price of and sec ethe<11on,
1985 Toyota Pick Up Truck and awarded to the
husband.
J$-ORDERED AND DECREED that us e of JOYCE ANN SARRO'S inequitable
Z A. SARRO is awarded $ i1ilttQmy's fees, payable to MICHAEL A.
) on or within 10 days of the signing and entry of this Fihal..pecree.
10. Transfer and Delivery of Property.
MICHAEL A. SARRO is ORDERED to appear in the law.offices ofTh?thoV. Hernandez!f6a'
Jr. at 301 So. Main Ave., San Antonio, TX 78204, at 10:00 a.m. on )..(, , 1998, and
to execute, have acknowledged, and deliver to Pedro V. Hernandez, Jr. these instruments:
1. Power of attorney to transfer motor vehicle.
MICHAEL A. SARRO is ORDERED to appear in the law offices of PEDRO V.
I-IERNANDEZ, JR. at 301 So. Main Ave., San Antonio, TX 78204, at 10:00 a.m. on July 31,
1998, and to execute, have acknowledged, and deliver to PEDRO V. HERNANDEZ, JR. these
instruments:
I Certificate of title to motor vehicle; and
2. Power of attorney to transfer motor vehicle.
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.
Direction to Deliver Properw.
MICHAEL A. SARRO is ORDERED to deliver to JOYCE ANN SARRO on
(.A a L , 1998 at 44t00 a.m. at 301 So. Main Ave., San Antonio, TX 78204 these items:
1. All tax statements, house papers, payment book and keys in his possession,
custody or control, for property located at 8839 Roquefort, San Antonio, Texas 78250.
JOYCE ANN SARRO is ORDERED to deliver to MICHAEL A. SARR.O on 412 /
1998 at 14.4&a.m. at 301 So. Main Ave., San Antonio, TX 78204 these items:
1. All legal papers pertaining to the vehicle awarded to husband, a power of attorney,
Page -27-
':: :: :.
'4 tI
• .
together with all keys, insurance policies, registration papers, and title documents.
2. Other items to be picked up by MICHAEL A. SARRO at 8839 Roquefort, San
I,
Antonio, TXon CL 1 .i !fl7 , 1998 at ,' :ov - Z. m.: Indian picture, three (3)
Boston acoustic speaker& two (2) black speaker stands, wheel barrow, Via bench, and BBQ pit.
t 11. Court Costs.
IT IS ORDERED AND DECREED that costs of court are to be borne by the party who
incurred them.
12. Obligation under Tem p orary Orders.
IT IS ORDERED AND DECREED that Petitioner and Respondent are discharged from
all further liabilities and obligations imposed by the temporary order of this Court rendered on
June 15, 1998.
13. Clarify ing Orders.
Without affecting the finality of this Final Decree of Divorce, this Court expressly
reserves the right to make orders necessary to clarify and enforce this decree.
14. Relief Not Granted.
IT IS ORDERED AND DECREED that all relief requested in this case and not expressly
granted is denied.
15. Date of Judgment.
This divoke judicially PRONOUNCED AND RENDERED in court at San Antonio,
Bexar County, Texas, 1.nd further noted on the court's docket sheet on the same
QAUdYb
date, but signed on 1998.
PRESIDING JUDGE JAMES E. BARLOV,
SENIOR DIS11UCT JUDGE
SITTING BY ASSIGItt4ENI
3, on&tD V,
3ot1tc40aM,D Lt /7u- /9 3
Mrc'l 4 , ,^4ao SOL so.
°.7'-
0
L/ mrdaklz A. Sfl2o Le Op Derze hdt&¼' ?üe (9 15
-3,o Are
9
- Page -28-
APPROVED AS TO FORM ONLY:
PEDRO V. HERNANDEZ, JR.
301 SO. MAIN AVE.
SAN ANTONIO, TX 78204
TELEPHONE NO.: (210)224-1111
FACSIMILE NO.: (210) 223-8817
By: 4asg
PEDRO V. HER5ANDEZ, JR.
Attorney for Petitioner
State Bar No. 09519925
ABEL A. DOMINGUEZ
802 SO. ST. MARY'S ST.
SAN ANTONIO, TX 78205
TELEPHONE NO.: (210) 225-2900
FACSIMILE.NO.A2 10fl28585
By:,
ABEL A. DO41
Attorney for
State Bar No. 05
i m -lt'rAJA-A^w
MICHAEL A. SARR'6, Petitioner
Page -29-
Appendix D
1
S
NO. 98-CI-03821
IN THE MATTER OF § IN THE DISTRICT COURT
THE MARRIAGE OF §
§
MICHAEL A. SARRO §
AND § 73RD JUDICIAL DISTRICT
JOYCE ANN SARRO §
§
AND IN THE INTEREST OF §
MICHAEL ANDREW SARRO, A
CHILD § BEXAR COUNTY, TEXAS
ORDER ON MOTION FOR NEW TRIAL
On October 23, 1998 the Court heard the Motion for New Trial of 46^NN SARRO. F-
IT IS ORDERED that the motion is DErinw. qftv%
SIGNED on d 5, /171 23na
r
I
M ow
Appendix E
1
C- 4g*TjWSin
JUDGE'S NOTES
CAUSE NO.: 1998C103821 COURT: 073 DATE/TIME: 04/04/2014 09:OOAM
SETTING COURT: 109
STYLE: MICHAEL ALBERT SARRO
VS. JOYCE ANN SARRO
-N C
DISCOVERY LEVEL: 0
,
ATTORNEY(S) FOR CASE ?Th t
ABEL DOMINGUEZ JOHN hEAD c .
RONALD PRINCE WAYNENE COMBEST trC :a
JOYCE SARRO MIcHAgL SARRO rri
RACHEL SADOYSKY
rn
Maria E. Fattah, Auxiliary Officjai Cou Repoer
Telephone. 210.335.1594
IL ma,;: fll
an a. fattahi@bexar.org
TYPE OF MOTION OR APPLICATION:
NON-JURY SETTING ON N/T SIGN TEMPORARY ORDERS RIX
CONFERRING ESTIMATE HEARING TIME____________
AGREED ORDER ASSIGNED COURT -.
DROP RECORD TAKEN 61
INTERPRETER RESET DATE TIME_______
DATE OF JUDGE INITIALS____
/ d2 o
Document
scanned as filed.
PROPERTY OF BEXAR COUNTY DISTRICT CLERK'S OFFICE (DK510A)
Appendix F
1
1111 kNII III
1998C103321 -P00159
THE DISTRICT COURTS OF BEXAR COUNTY
BEXAR COUNTY COURTHOUSE
100 DOLOROSA
SAN ANTONIO, TEXAS 78205 0
Lr a
,
o
August 8, 2014 c rn
C) >< i >
- >-i
VIA FAX (210) 281-1845
-C O0 zri
Mr. John Mead r Er"O
Attorney At Law Lo
3105. St. Mary's, Ste. 1470 tCA)
San Antonio, Texas 78205
VIA FAX (210) 812-3401
Ms. Rachel S. Sadovsky
Cordell & Cordell, P.C.
10101 Reunion Place, Ste. 250
San Antonio, Texas 78216
RE: Cause No. 1998-Cl-03821
In the Interest of Michael Andrew Sarro, A Child
73rd
Filed in the District Court
Dear Mr. Mead and Ms. Sadovsky:
Judge Tanner has requested that I advise you of her ruling on the Motion to Confirm
Final Decree of Divorce filed in this cause. The Motion is denied. As a trial court cannot sever
property issues from a divorce action, once the new trial was granted that made the 1998
divorce decree interlocutory. The date of the divorce is August 17, 2004 which is the date that
Judge Nellermoe heard the "final trial on merits of property issue" and reconfirmed all other
terms of the decree. Judge Tanner requests that Mr. Mead prepare a Final Decree of Divorce
which indicates the August 17, 2004 date as the date of hearing and submit the decree to Ms.
Sadovsky for approval as to form.
Dinah Gaines
Staff Attorney
Bexar County Civil District Courts
DG/
OFFICE OF STAFF ATTORNEY • PHONE (210) 335-2123 • FAX (210) 335-1108
DOCUMENT SCANNED AS FILED
Appendix G
1
Page 40 TEXAS RULES OF APPELLATE PROCEDURE
(1) Time for Request. At any time before the court clerk for inclusion in the clerk’s record or a
clerk’s record is prepared, any party may file supplement. If the parties cannot agree, the trial
with the trial court clerk a written designation court must — on any party's motion or at the
specifying items to be included in the record. appellate court's request — determine what
constitutes an accurate copy of the missing item and
(2) Request Must be Specific. A party requesting order it to be included in the clerk’s record or a
that an item be included in the clerk’s record supplement.
must specifically describe the item so that the
clerk can readily identify it. The clerk will (f) Original Documents. If the trial court determines
disregard a general designation, such as one for that original documents filed with the trial court
“all papers filed in the case.” clerk should be inspected by the appellate court or
sent to that court in lieu of copies, the trial court
(3) Requesting Unnecessary Items. In a civil case, must make an order for the safekeeping,
if a party requests that more items than transportation, and return of those original
necessary be included in the clerk’s record or documents. The order must list the original
any supplement, the appellate court may — documents and briefly describe them. All the
regardless of the appeal's outcome — require documents must be arranged in their listed sequence
that party to pay the costs for the preparation of and bound firmly together. On any party's motion or
the unnecessary portion. its own initiative, the appellate court may direct the
trial court clerk to send it any original document.
(4) Failure to Timely Request. An appellate court
must not refuse to file the clerk’s record or a (g) Additional Copies of Clerk’s Record in Criminal
supplemental clerk’s record because of a Cases. In a criminal case, the clerk’s record must be
failure to timely request items to be included in made in duplicate, and in a case in which the death
the clerk’s record. penalty was assessed, in triplicate. The trial court
clerk must retain the copy or copies for the parties to
(c) Supplementation. use with the court’s permission.
(1) If a relevant item has been omitted from the (h) Clerk May Consult With Parties. The clerk may
clerk’s record, the trial court, the appellate consult with the parties concerning the contents of
court, or any party may by letter direct the trial the clerk’s record.
court clerk to prepare, certify, and file in the
appellate court a supplement containing the 34.6. Reporter’s Record
omitted item.
(a) Contents.
(2) If the appellate court in a criminal case orders
the trial court to prepare and file findings of (1) Stenographic Recording. If the proceedings
fact and conclusions of law as required by law, were stenographically recorded, the reporter’s
or certification of the defendant's right of record consists of the court reporter’s
appeal as required by these rules, the trial court transcription of so much of the proceedings,
clerk must prepare, certify, and file in the and any of the exhibits, that the parties to the
appellate court a supplemental clerk’s record appeal designate.
containing those findings and conclusions.
(2) Electronic Recording. If the proceedings were
(3) Any supplemental clerk’s record will be part of electronically recorded, the reporter’s record
the appellate record. consists of certified copies of all tapes or other
audio-storage devices on which the
(d) Defects or Inaccuracies. If the clerk’s record is proceedings were recorded, any of the exhibits
defective or inaccurate, the appellate clerk must that the parties to the appeal designate, and
inform the trial court clerk of the defect or certified copies of the logs prepared by the
inaccuracy and instruct the clerk to make the court recorder under Rule 13.2.
correction.
(b) Request for preparation.
(e) Clerk’s Record Lost or Destroyed. If a filing
designated for inclusion in the clerk’s record has (1) Request to Court Reporter. At or before the
been lost or destroyed, the parties may, by written time for perfecting the appeal, the appellant
stipulation, deliver a copy of that item to the trial must request in writing that the official reporter
40
TEXAS RULES OF APPELLATE PROCEDURE Page 41
prepare the reporter’s record. The request must (d) Supplementation. If anything relevant is omitted
designate the exhibits to be included. A request from the reporter’s record, the trial court, the
to the court reporter — but not the court appellate court, or any party may by letter direct the
recorder — must also designate the portions of official court reporter to prepare, certify, and file in
the proceedings to be included. the appellate court a supplemental reporter’s record
containing the omitted items. Any supplemental
(2) Filing. The appellant must file a copy of the reporter’s record is part of the appellate record.
request with the trial court clerk.
(e) Inaccuracies in the Reporter’s Record.
(3) Failure to Timely Request. An appellate court
must not refuse to file a reporter’s record or a (1) Correction of Inaccuracies by Agreement. The
supplemental reporter’s record because of a parties may agree to correct an inaccuracy in
failure to timely request it. the reporter’s record, including an exhibit,
without the court reporter's recertification.
(c) Partial Reporter’s Record.
(2) Correction of Inaccuracies by Trial Court. If
(1) Effect on Appellate Points or Issues. If the the parties cannot agree on whether or how to
appellant requests a partial reporter’s record, correct the reporter's record so that the text
the appellant must include in the request a accurately discloses what occurred in the trial
statement of the points or issues to be presented court and the exhibits are accurate, the trial
on appeal and will then be limited to those court must – after notice and hearing – settle
points or issues. the dispute. If the court finds any inaccuracy,
it must order the court reporter to conform the
(2) Other Parties May Designate Additions. Any reporter’s record (including text and any
other party may designate additional exhibits exhibits) to what occurred in the trial court, and
and portions of the testimony to be included in to file certified corrections in the appellate
the reporter’s record. court.
(3) Costs; Requesting Unnecessary Matter. (3) Correction After Filing in Appellate Court. If
Additions requested by another party must be the dispute arises after the reporter’s record has
included in the reporter’s record at the been filed in the appellate court, that court may
appellant's cost. But if the trial court finds that submit the dispute to the trial court for
all or part of the designated additions are resolution. The trial court must then proceed as
unnecessary to the appeal, the trial court may under subparagraph (e)(2).
order the other party to pay the costs for the
preparation of the unnecessary additions. This (f) Reporter’s Record Lost or Destroyed. An appellant
paragraph does not affect the appellate court's is entitled to a new trial under the following
power to tax costs differently. circumstances:
(4) Presumptions. The appellate court must (1) if the appellant has timely requested a
presume that the partial reporter’s record reporter’s record;
designated by the parties constitutes the entire
record for purposes of reviewing the stated (2) if, without the appellant's fault, a significant
points or issues. This presumption applies even exhibit or a significant portion of the court
if the statement includes a point or issue reporter's notes and records has been lost or
complaining of the legal or factual destroyed or – if the proceedings were
insufficiency of the evidence to support a electronically recorded – a significant portion
specific factual finding identified in that point of the recording has been lost or destroyed or is
or issue. inaudible;
(5) Criminal Cases. In a criminal case, if the (3) if the lost, destroyed, or inaudible portion of
statement contains a point complaining that the the reporter’s record, or the lost or destroyed
evidence is insufficient to support a finding of exhibit, is necessary to the appeal's resolution;
guilt, the record must include all the evidence and
admitted at the trial on the issue of guilt or
innocence and punishment. (4) if the lost, destroyed or inaudible portion of the
reporter's record cannot be replaced by
41
Page 42 TEXAS RULES OF APPELLATE PROCEDURE
agreement of the parties, or the lost or the rules. In subdivision 34.2, the requisites of an agreed record
destroyed exhibit cannot be replaced either by are more clearly stated. Former Rule 50(d), regarding the burden
agreement of the parties or with a copy to file a complete record, is repealed. Subdivision 34.4 is from
determined by the trial court to accurately former Rules 51(c) and 53(h). Former Rule 50(f), regarding a
duplicate with reasonable certainty the original violation of the rules, is repealed. Subparagraph 34.5(b)(3)
exhibit. allows the appellate court to tax costs against a party for
requiring unnecessary items to be included in the clerk’s record.
(g) Original Exhibits. Paragraph 34.5(c) is new and provides for supplementation of the
clerk’s record. The provisions of paragraph 34.5(d) are from
(1) Reporter May Use in Preparing Reporter’s former Rule 55(b). The provisions of paragraph 34.5(e) are from
Record. At the court reporter's request, the trial former Rule 50(e). Paragraph 34.5(h) specifically allows the
court clerk must give all original exhibits to the clerk to consult with the parties to determine the contents of the
reporter for use in preparing the reporter’s clerk’s record. Paragraph 34.6(a), defining the reporter’s record,
record. Unless ordered to include original is new. Former Rules 53(b) (Other Requests), (d) (Partial
exhibits in the reporter’s record, the court Statement), and (e) (Unnecessary Portions) are merged into
reporter must return the original exhibits to the paragraph 34.6(c). Paragraph 34.6(d) is new. Paragraph 34.6(e)
clerk after copying them for inclusion in the is from former Rule 55. Paragraph 34.6(f) is from former Rule
reporter’s record. If someone other than the 50(d). The provisions of former Rules 53(f) (Certification by
trial court clerk possesses an original exhibit, Court Reporter) and (h) (Form) are moved to the Order of the
either the trial court or the appellate court may Supreme Court and the Court of Criminal Appeals on the
order that person to deliver the exhibit to the preparation of the record. Former Rule 53(I) (Narrative
trial court clerk. Statement) is repealed. The provisions of former Rule 53(j)
(Free Statement of Facts) are moved to Rule 20. Former Rule
(2) Use of Original Exhibits by Appellate Court. If 53(k) (Duty of Appellant to File) is repealed; it is now the duty
the trial court determines that original exhibits of the court reporter to file the reporter’s record. Paragraph
should be inspected by the appellate court or 34.6(g) is from former Rule 51(d). Former Rule 53(g) is now
sent to that court in lieu of copies, the trial paragraph 34.6(I). Former Rule 53(l) is now paragraph 34.6(h).
court must make an order for the safekeeping, The need for two duplicate records in a death penalty case was
transportation, and return of those exhibits. The created by the habeas corpus provision in Code of Criminal
order must list the exhibits and briefly describe Procedure article 11.071.
them. To the extent practicable, all the exhibits
must be arranged in their listed order and Comment to 2002 change: Rule 34.5(a) is amended to
bound firmly together before being sent to the require that the record in a criminal case include the certification
appellate clerk. On any party's motion or its of defendant's right of appeal; see Rule 25.2(d). Rule 34.5(c) is
own initiative, the appellate court may direct amended to make clear that an appellate court may order the trial
the trial court clerk to send it any original court to make such a certification for inclusion in a supplemental
exhibit. clerk's record. Subparagraphs 34.6(e) and (f) are amended to
clarify the application to exhibits. The language in subparagraph
(h) Additional Copies of Reporter’s Record in Criminal (e)(2) referring to the text of the record is simplified without
Cases. In a criminal case in which a party requests substantive change. Subparagraph (e)(3) incorporates the
a reporter’s record, the court reporter must prepare a procedures specified in (e)(2). The language in subparagraph (f)
duplicate of the reporter’s record and file it with the is clarified to require agreement only as to the portion of the text
trial court clerk. In a case where the death penalty at issue, and to provide that the trial court may determine that a
was assessed, the court reporter must prepare two copy of an exhibit should be used even if the parties cannot
duplicates of the reporter’s record. agree.
(i) Supreme Court and Court of Criminal Appeals May
Set Fee. From time to time, the Supreme Court and Rule 35. Time to File Record;
the Court of Criminal Appeals may set the fee that Responsibility for Filing Record
the court reporters may charge for preparing the
reporter’s record. 35.1. Civil Cases
Notes and Comments The appellate record must be filed in the appellate court
within 60 days after the judgment is signed, except as follows:
Comment to 1997 change: Former Rules 50, 51 and 53 are
merged. Clerk’s record is substituted for transcript, and (a) if Rule 26.1(a) applies, within 120 days after the
reporter’s record is substituted for statement of facts throughout judgment is signed;
42