Donald Jason McCoy v. Elena K. McCoy ( 2015 )

231-538847-13 FILED
TARRANT COUNTY
7/1/2015 11:36:40 AM
THOMAS A. WILDER
DISTRICT CLERK
CAUSE NO. 231-538847-13
FILED IN
2nd COURT OF APPEALS
FORT WORTH, TEXAS
7/1/2015 4:17:52 PM
IN THE MATTER OF § IN THE DISTRICT COURT
DEBRA SPISAK
THE MARRIAGE OF § Clerk
§ 231ST JUDICIAL DISTRICT
ELENA K. MCCOY §
AND § TARRANT COUNTY, TEXAS
DONALD JASON MCCOY §
RESPONDENT’S NOTICE OF APPEAL
To the Honorable Judge of this Court:
Pursuant to Texas Rule of Appellate Procedure 25.1, DONALD JASON MCCOY, respondent
in the above-styled and numbered action (Respondent), files this notice of appeal to the Court of
Appeals Second Distrct of Texas Fort Worth. Respondent desires to appeal from that portion of
the judgment rendered against Respondent by the 231st Judicial District Court of Tarrant County,
Texas, on April 9, 2015, denying Respondent (1) annulment of marriage to Elena K. McCoy
(Petitioner), (2) relief for Common Law Fraud committed by Petitoner against Respondent, (3)
relief against Petitioner for Quantum Meruit claims, and (4) relief against Petitioner for
Respondent’s right to collect reimbursement pursuant to divorce.
Respectfully submitted,
/S/ D. Jason McCoy
D. Jason McCoy
Pro Se Party (Respondent)
Texas Bar No. 24088008
5005 Greenville Avenue, Suite 200
Dallas, Texas 75206
Ofc: (214) 272-2297
Fax: (214) 363-9979
Jason@mccoylawpllc.com
Page 1 of 2
Respondent’s Notice of Appeal
231-538847-13
CERTIFICATE OF SERVICE
This is to certify that on this 1st day of July, 2015 a true and correct copy of the foregoing
document was served, pursuant to the Texas Rules of Civil Procedure, on all counsel of record in
this case.
/S/ D. Jason McCoy
D. Jason McCoy
Pro Se Party (Respondent)
Texas Bar No. 24088008
5005 Greenville Avenue, Suite 200
Dallas, Texas 75206
Ofc: (214) 272-2297
Fax: (214) 363-9979
Jason@mccoylawpllc.com
Respondent’s Notice of Appeal
Page 2 of 2
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CAUSE :'110. 231-538847-13
IN THE MATTER OF § IN THE DISTRICT COURT OF
THE :YlARRIAGE OF §
§
ELENA K. MCCOY § 231 51 J1JDICIAL DISTRICT
AND §
DONALD J. MCCOY § TARRA.NT COUNTY, TEXAS
FINAL DECREE OF DIVORCE
Date ofHearing
On March 13, 2015 the Court heard this case.
Appearances
Petitioner. ELENA K. MCCOY, appeared in person and through attorney of record,
Robert D. Hoover. and announced ready for triaL
Respondent, DONALD J. MCCOY, appeared in person and through attorney of record,
Kenneth L McAlister, and announced ready tor triaL
Record
The record of testimony was duly reported by the court reporter for the 231" District
Court
Juri.<·ldiction
The Court finds that the pleadings of Petitioner are in due form and contain all the
allegations, information, and prerequisites required by la'vv. The Court after receiving evidence,
1
t1nds that it has jurisdiction of this case and of all the partie~ and that ar least sixty days have
elapsed since the date the suit was t1led.
Jury
A jury vi/as walved) and questions of fact and of Jaw were subn1itted to the CourL
Divorce
IT IS ORDERED AND DECREED that ELENA K. :ViCCOY, Petitioner, and DONALD
,L rvtCCOY: Respondentj are divorced and that the marriage bet\veen them is dissolved .
Fl!-iAL n~:CREE OF D!VORCE PAGE !
COURT'S MINUTES
TRANSACTlONtl~
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Division a(Marital Estate
The Court finds rhat the following is a just and right division of the parties' marital
estate, having due regard for the rights of each party.
IT IS ORDERED AND DECREED that the husband, DONALD JASON MCCOY, 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 rhat property:
H-l. 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-2. All clothing, jewelry, and other personal effects in the possession ofrhe husband or
subject to his sole controL
H-3. 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 or which are subject to the
husband's sole controL
H-4. The motor vehicle, together with all prepaid insurance, keys, and title documents in the
possession of the husband or subject to his sole con[rol.
!TIS ORDERED Al'ID DECREED that the wife, ELENA K. MCCOY, 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-L All household furniture, furnishings, iixtures, goods, art objects, collectibles, appliances,
and equipment in the possession of the wife or subject to her soie controL
W-2. All clothing, jewelry, and other personal effects in the possession of the wife or subject to
her sole controL
V'l-3. Ali sums of cash in the possession of the "Wife or subject to her sole control, including
funds on d~posit, together with accrued but unpaid interest~ in baJLks, savings institutions,
or other financiai institutions, \Vhich accounts stand in the wit'e~s sole name or from
'l!vhich the wife has the sole right to withdraw funds or which are subfect to the wife's
sole controL
W-4. The motor vehicle, together with all prepaid insurance, keys, and title documents in the
possession of the wife or subject to her sole controL
FL~AL 0€LREE Of !H\'ORCE PAGF. 1
• •
IT IS ORDERED AND DECREED that the husband, DONALD JASON MCCOY, shall
pay, as a part of the division of the estate of the parties, and shall indemnity and hold the wife
and her property harmless from any failure to so discharge, these items:
H-1. All student loans and debts solely in husband's name.
H-2. All debts, charges, liabilities, and other obligations incurred solely by the husband from
and after May 14, 2013 unless express provision is made in this decree to the contrary.
H-3. Husband's attorneys' fees.
IT IS ORDERED AND DECREED that the wife, ELENA K. MCCOY 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. All student loans and debts solely in wife's name.
W -2. All debts, charges, liabilities, and other obligations incurred solely by the wife from and
afler May 14, 2013 unless express provision is made in this decree to the contrary.
W-3. Wife's attorneys' fees.
lT 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.
IT IS ORDERED AND DECREED that any assets of the parties not awarded or divided
by this Final Decree of Divorce are subject to future division as provided in the Texas Family
Code.
Separate Property
IT IS ORDERED AND DECREED that the following described property is con!inned as
the separate property of ELENA K. MCCOY:
Her diamond engagement/wedding ring given to her by DONALD JASON MCCOY in
March, 2010.
IT lS ORDERED AND DECREED that no provision of this decree shall be construed as
aiimony under the Internal Revenue Code, except as this decree expressfy provides for payment
or~ maintenance or ahm1.3ny under the Interrml Revenue Code"
Change 'of Name
rT IS ORDERED AND DECREED that Petitioner's name is changed to Elena
Yevgenievna Khorokhorina.
H:'IIAL DKCREE 01' lHVORU: P/1.GE 3
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Court Costs
IT IS ORDERED AND DECREED that cost> of court are to be borne by the party who
incurred them.
Discharge from Discove1y Retention Requirement
IT 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 !91.4(d) of the Texas Rules of Civil Procedure.
Clari/j;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.
Relief Not Granted
IT IS ORDERED that DONALD JAMES MCCOY'S claims for Annulment, Common
Law Fraud, Quantum Meruit and Right to Reimbursement are DENIED.
IT IS ORDERED thm ELENA K. MCCOY'S claims for frivolous lawsuit under Chapter
9, Rule 13 of the TRCP and Chapter 10, CPRC, are DENIED.
lT IS ORDERED AND DECREED that all reiief 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 tinally disposes of a'll claims and all
parties and is appealable.
Dale ~rJudgment
This divorce judicially PRONOUNCED AND RENDERED in court at Fort Worth,
Tarrant County, Texas, on March 13,2015 and further noted on the court's docker sheet on the
same date, but signed on the ___!J~ day of_dpg, ·1 , 2015.
I
Fl:"AL !H;CREE OF l)fVt;RC~
231-538847-13
Exhibit A-Respondent's Motion for New Trial Page 2 of 13
231-538847-13 FILED
TARRANT COUNTY
4/29/2015 3:28:07 PM
THOMAS A. WILDER
DISTRICT CLERK
231-538847-13 FILED
TARRANT COUNTY
5/8/2015 3:31:30 PM
THOMAS A. WILDER
DISTRICT CLERK
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Exhibit B
Summary of Expenses and Bank Statements Proving the Same
***Please note the following references on bank and credit card statements:
1. Charges market with an “●” indicate shared expenses, half of which are attributable to
Ms. McCoy.
2. Deposits marked with an “*” indicate reimbursements already paid by Ms. McCoy which
served to offset the total amount of reimbursement claimed by Mr. McCoy.
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