in the Matter of the Marriage of Mary Palacios and Jesus Palacios and in the Interest of L. P., a Child ( 2009 )


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  •                                         NO. 07-08-0006-CV
    IN THE COURT OF APPEALS
    FOR THE SEVENTH DISTRICT OF TEXAS
    AT AMARILLO
    PANEL B
    JUNE 10, 2009
    ______________________________
    In the Matter of the Marriage of
    MARY PALACIOS and JESUS PALACIOS
    and In the Interest of L.P., A Child
    _________________________________
    FROM THE 140TH DISTRICT COURT OF LUBBOCK COUNTY;
    NO. 2005-532,385; HON. JIM BOB DARNELL, PRESIDING
    _______________________________
    Opinion
    _______________________________
    Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
    The case before us involves a trial court’s attempt to value and distribute the marital
    estate of Jesus and Mary Palacios when the trial court found neither party’s valuation of
    that property credible. Jesus contends that the court abused its discretion in making the
    division it did because the division lacked evidentiary support, it was unequal, and awarded
    reimbursement to Mary.1 We affirm.
    Applicable Law
    A trial court is charged with making a “just and right” division of the community
    estate while considering the rights of both parties. Todd v. Todd, 
    173 S.W.3d 126
    , 128-29
    1
    The record reflects that even though Jesus com plains about reim bursem ent being given Mary, none
    was actually awarded to her. So, that is a m atter that needs no attention.
    (Tex. App.–Fort Worth 2005, pet. denied). This does not mean that the division must be
    equal. See Massey v. Massey, 
    807 S.W.2d 391
    , 398 (Tex. App.–Houston [1st Dist.] 1991,
    writ denied) (recognizing that an unequal division may be struck as long as the trial court
    had a reasonable basis for doing so). Moreover, we defer to the division made if it does
    not evince an abuse of discretion, see Moroch v. Collins, 
    174 S.W.3d 849
    , 857 (Tex. App.
    –Dallas 2005, pet. denied) (noting that an appellate court reviews a trial court’s division of
    property under the standard of abused discretion), and it does not evince such an abuse
    when it comports with guiding rules and principles. Downer v. Aquamarine Operators, Inc.,
    
    701 S.W.2d 238
    , 241-42 (Tex. 1985).
    Finally, we note that the party complaining of the trial court's division has the burden
    of demonstrating that it was so unjust as to constitute a clear abuse of discretion. Frommer
    v. Frommer, 
    981 S.W.2d 811
    , 814 (Tex. App.–Houston [1st Dist.] 1998, pet. dism'd). That
    party at bar was and is Jesus.
    Application of Law
    As previously mentioned, the ultimate goal of the trial court is to reach a just and
    right distribution of the estate. Given this, valuing the marital property is not the end in
    itself but rather a means to the end. See Todd v. 
    Todd, 173 S.W.3d at 129
    (holding that
    the properties’ value is merely evidentiary of whether the trial court reached a just and fair
    division of the community estate).
    Furthermore, no one can reasonably dispute that to reach the appropriate end the
    trial court is dependent upon the efforts of those litigants before it. This is so because it
    usually has no independent knowledge of the items comprising the marital estate nor of
    2
    their worth. So, as is the norm, the trial court at bar turned to the parties for help in doing
    its job. Yet, they “were not open and truthful” in their responses, as explained in the court’s
    findings. “Both . . . wanted to play low ball/high ball on all property in that each tried to put
    a high value on the property to be awarded to the other and a low value on property . . .
    awarded to them.” This, as a consequence, lead the trial court to “not feel confident in the
    values [they] assigned to the property items . . . .”
    Furthermore, of the four major property items to be distributed, two consisted of
    realty in Mexico. One of the items was a residence and the other a vacant lot. According
    to Jesus, the trial court received no evidence regarding the appreciation in value of the
    home or “how much [sic] community funds were used” to improve it. Our perusal of the
    record seems to confirm this; yet, the same record indicates that the default was not its
    own. For instance, Jesus was asked about the value of the home (which he was
    eventually awarded) and replied: “I have no idea.” Thereafter, he conceded that it would
    be worth a little more than the Mexico lot that he had previously bought for $9000. What
    that conclusion was based on, however, went unsaid. This is troubling because conclusory
    statements about what property is worth are of little assistance in determining market
    value. See Ricks v. Ricks, 
    169 S.W.3d 523
    , 527 (Tex. App.–Dallas 2005, no pet.) (stating
    that conclusory statements of a stock’s value without other evidence to support it is not
    probative of the stock’s market value). Similar utterances were made regarding the value
    of other property items as well. Given help of this kind, one can reasonably see why the
    trial court found the parties to be rather incredible and the performance of its obligations
    rather difficult. And, therein lies the basis for our resolution to this appeal.
    3
    Simply put, Jesus is complaining about a result that he and his ex-wife helped
    cause. Both failed in their obligation to tender credible and probative evidence upon which
    the trial court could reasonably rely. Despite their omission, the trial court attempted to
    reach what it deemed to be a fair and right division of the marital estate. And, we cannot
    say that it failed in that regard, given the doctrine of invited error.
    The concept of invited error not only is well established in Texas jurisprudence, Kelly
    v. Demoss Owners Ass’n., 
    71 S.W.3d 419
    , 424 (Tex. App.–Amarillo 2002, no pet.), but
    also prevents a litigant from complaining about mistakes that he helped cause. Bluestar
    Energy, Inc. v. Murphy, 
    205 S.W.3d 96
    , 101 (Tex. App.–Eastland 2006, pet. denied); Keith
    v. Keith, 
    221 S.W.3d 156
    , 163 (Tex. App.–Houston [1st Dist.] 2006, no pet.). Given the
    value, or lack thereof, of the testimony and evidence provided by Jesus and Mary, one can
    reasonably conclude that both helped cause the property division in dispute. In other
    words, the trial court’s result, which appears to be a laudable effort to achieve a just and
    right division under the circumstances before it, was effectively invited by their effort, or
    lack thereof. Thus, Jesus cannot complain of it on appeal.
    While some may believe that jurists are all knowing (those some normally being the
    jurists themselves) we are not. Admittedly, the quality of our work is directly proportional
    to the quality of the work undertaken by those appearing before us. We need the help of
    litigants and their counsel. Without it, our system of justice tends to falter for its success
    is the result of teamwork. And, when it does falter we are not alone in blame. Nor should
    we alone suffer the consequences. The team having faltered here, the issues of appellant
    are overruled.
    4
    We affirm the judgment of the trial court.
    Brian Quinn
    Chief Justice
    5