Linda Smith v. John Burt ( 2017 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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LINDA SMITH, No. 08-14-00317-CV
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APPELLANT, Appeal from the
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V. 388th District Court
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JOHN BURT, of El Paso County, Texas
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APPELLEE. (TC# 89-11455)
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JUDGMENT
The Court has considered this cause on the record and concludes there was error in the
judgment. We therefore reverse the trial court’s order denying Appellant’s motion to clarify and
enforce, including the portion of the order which determined that Appellee has overpaid Appellant
in the amount of $22,080.39 as of April 3, 2014, and render judgment clarifying the divorce decree
as follows:
IT IS ORDERED that Linda Burt n/k/a Linda Smith shall have judgment
against and recover from John Burt, $391.00 of the gross present and future
military retirement benefits received by John Burt each month beginning October
31, 1990, together with 50% of any and all cost-of-living-related increases to
which John Burt shall become entitled for the period beginning October 31, 1990
and ending on the death of John Burt. Linda Burt n/k/a Linda Smith is entitled to
receive 50% of the accumulated cost-of-living-allowances to which John Burt
becomes entitled to receive beginning October 31, 1990 and ending on the death
of John Burt.
It is further ordered that the cause is remanded to the trial court for further proceedings
consistent with this Court’s opinion, including the entry of an order on Appellant’s motion to
enforce. We further order that Appellant recover from Appellee all costs of this appeal, for which
let execution issue. This decision shall be certified below for observance.
IT IS SO ORDERED THIS 28TH DAY OF APRIL, 2017.
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rodriguez, and Hughes, JJ.
Hughes, J., Not Participating
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