Donald S. Miles v. Veda Smith Miles ( 2024 )

ACCEPTED
05-24-00018-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
2/20/2024 11:00 AM
RUBEN MORIN
CLERK
NO. 401-51206-2022
IN THE MATTER OF § IN THE DISTRICT COURT
FILED IN
THE MARRIAGE OF § 5th COURT OF APPEALS
§ DALLAS, TEXAS
VEDA SMITH MILES § 02/20/24 11:00:43
401ST JUDICIAL DISTRICTAM
AND § Ruben Morin
DONALD S. MILES § COLLIN COUNTY, Clerk TEXAS
AMENDED REQUEST FOR SUPPLEMENTAL CLERK’S RECORD
TO THE COLLIN COUNTY DISTRICT CLERK AND FIFTH COURT OF APPEALS
RECEIVEDCLERK:
IN
5th COURT OF APPEALS
DALLAS, TEXAS
COMES NOW Pro Se Respondent, DONALD S. MILES, in this underlying case, now
02/20/24 11:00:43 AM
Appellant, files this Request for Supplemental Clerk’s Record pursuant to RuleRuben Morin
34.5(c)(1);
Clerk
(c)(3); and (d) of the Texas Rules of Appellate Procedure. Appellant list below the full title of
the documents being requested with the dates they were filed/entered with the trial court.
No. Document Title Date NOTES
1 Pre-Trial Conference 1/20/2023 Document not included in Clerk Record.
No order issued according to Judge
2 Final Hearing 1/26/2023
Coordinator
Is this different from Motion for Continuance
3 Motion for Continuance 1/26/2023
on 01/20/2023?
The Trial Court forgot to place on calendar
4 Pre-Trial Conference 4/14/2023
according to Judge Coordinator.
5 Pre-Trial Conference 4/21/2023
Judge's Docket Entry - Request copy of e-mail sent Informal Memorandum Ruling sent to parties
6 5/1/2023
to parties with property division decision; OTBF according to Judge Coordinator
7 Notice of Appearance of Counsel for Petitioner 8/17/2023 Document not included in Clerk Record.
Correspondence Sent by Court - Judge Flint Request
I request Judge Flint coordinator to add to
8 for Briefs of Respondent's Motions for New Trial 9/7/2023
Clerk's record
and Modify, Correct, or Reform
Correspondence Sent by Respondent - Email
addressing Respondent’s Motion to Dismiss and
Alternatively, Memorandum in Opposition to
9 10/11/2023 Document not included in Clerk Record.
Petitioner’s Motion for Reconsideration of Court
Order on Motions for New Trial and Modify, Correct,
or Reform
Notification of Returned Service for Case: 401-51206-
Judge Flint coordinator state she does not
10 2022, In the Matter of the Marriage of Veda Miles 11/22/2023
know what the notifications are about.
and Donald Miles for filing Proposed Order
Notification of Returned Service for Case: 401-51206-
Judge Flint coordinator state she does not
11 2022, In the Matter of the Marriage of Veda Miles 11/22/2023
know what the notifications are about.
and Donald Miles for filing Amended Filing
Additional request to include Petitioner
12 Notice Of Cross-Appeal 1/11/2024
Cross-Appeal.
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 1 OF 22
Amended Request for Supplemental Clerk’s Record
Also attached in the below Appendices are supporting correspondence letters or emails to
support the entries in the above table. Original documents can be obtained from the Trial Court
if Appellant’s documents are not acceptable as submitted. This letter will also be filed with the
Fifth Court of Appeals to satisfy Rule 34.5(d) of the Texas Rules of Appellate Procedure.
Appendix A - Email chain with Judge Flint’s coordinator which I asked about certain documents
in the below table highlighted in red font and whether they can be added to the
Clerk’s Record.
Appendix B - Email Sent by Trial Court – Pre-Trial Conference set for April 14, 2023.
Appendix C - Email Sent by Trial Court - Memorandum Ruling on May 1, 2023.
Appendix D - Correspondence Sent by Trial Court - Judge Flint Request for Briefs of
Respondent's Motions for New Trial and Modify, Correct, or Reform on
September 7, 2023.
Appendix E - Correspondence Sent by Respondent - Email addressing Respondent’s Motion to
Dismiss and Alternatively, Memorandum in Opposition to Petitioner’s Motion for
Reconsideration of Court Order on Motions for New Trial and Modify, Correct,
or Reform on October 11, 2023.
Appendix F - Notification of Returned Service for Case: 401-51206-2022, In the Matter of the
Marriage of Veda Miles and Donald Miles for filing on November 22, 2023.
Rejected Appellant and Appellee filed Proposed Final Decree of Divorce orders.
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 2 OF 22
Amended Request for Supplemental Clerk’s Record
Respectfully Submitted,
/s/ Donald S. Miles
DONALD S. MILES, Pro Se
4305 Burnhill Drive
Plano, Texas 75024
Tel: (972) 896-0156
dsmiles1@tx.rr.com
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing Letter of Designation / Request for
Clerk’s Record was sent to:
LAW OFFICE OF LISA G. GARZA, P.C.
Parkway Tower South
14160 Dallas Parkway
Suite 870, Box 24
Dallas, Texas 75254
(214) 373-6556 (Telephone)
(214) 369-5943 (Facsimile)
lgarza@lisaggarzafamilylaw.com
Beth M. Johnson, Attorney at Law
8150 N. Central Expressway, Suite 1255
Dallas, Texas 75206
(972)467-5847(Cell)
beth@bethmjohnson.com
via e-mail and e-service in compliance with the Texas Rules of Civil Procedure 21 and 21a on
February 20, 2024.
/s/ Donald S. Miles
Donald S. Miles, Pro Se
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 3 OF 22
Amended Request for Supplemental Clerk’s Record
APPENDIX A
Email Request to Correct Clerk Record
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 4 OF 22
Amended Request for Supplemental Clerk’s Record
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 5 OF 22
Amended Request for Supplemental Clerk’s Record
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 6 OF 22
Amended Request for Supplemental Clerk’s Record
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 7 OF 22
Amended Request for Supplemental Clerk’s Record
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 8 OF 22
Amended Request for Supplemental Clerk’s Record
APPENDEX B
Pre-Trial Conference
From: Tammy Sharkey <tlsharkey@co.collin.tx.us>
Sent: Friday, April 14, 2023 9:58 AM
To: Sharon Dose <sharon@d-elaw.com>
Cc: Marilea Lewis <marilea@d-elaw.com>
Subject: RE: IMMO Miles; Cause No. 401-51206-2022
I am so sorry. This never made it to our calendar.
It may be about 10:30 before we can get to you.
Tammy Sharkey is inviting you to a scheduled Zoom meeting.
Topic: Tammy Sharkey's Zoom Meeting
Time: Apr 14, 2023 09:00 AM Central Time (US and Canada)
Join Zoom Meeting
https://txcourts.zoom.us/j/88221103045
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CAUSE NO. 401-51206-2022; IMMO MILES PAGE 9 OF 22
Amended Request for Supplemental Clerk’s Record
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Thank you,
Tammy Sharkey
401st District Court Coordinator
tlsharkey@co.collin.tx.us
972-548-4241
https://www.collincountytx.gov/district_courts/Pages/401dc.aspx
NOTE: All email correspondence relating to pending cases will be filed with the District Clerk for inclusion in the record of the case. Any
communication to the Court or staff via email must comply with Rules 21 and 21a, T.R.C.P., and to do so by the fastest means available to the
other affected parties or counsel. The provisions of Canon 3B(8) of the Code of Judicial Conduct should be carefully reviewed before any person
connected with a case attempts any communication with the judge or court personnel.
From: Sharon Dose [mailto:sharon@d-elaw.com]
Sent: Friday, April 14, 2023 9:54 AM
To: Tammy Sharkey <tlsharkey@co.collin.tx.us>
Cc: Marilea Lewis <marilea@d-elaw.com>
Subject: IMMO Miles; Cause No. 401-51206-2022
***** WARNING: External Email. Do not click links or open attachments that are unsafe. *****
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 10 OF 22
Amended Request for Supplemental Clerk’s Record
Good morning and HAPPY FRIDAY!!
Is there a zoom code for the pretrial today?
Sharon L. Dosé
Paralegal
4311 Oak Lawn Avenue, Suite 600, Dallas, Texas 75219
6860 North Dallas Parkway, Suite 200, Plano, Texas 75024
201 Main Street, Suite 600, Fort Worth, Texas, 76102
Dallas 214-416-9010 | Plano 972-406-1200 | Ft. Worth 817-952-3155
Fax 214-416-9005 | www.Duffee-Eitzen.com
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 11 OF 22
Amended Request for Supplemental Clerk’s Record
APPENDIX C
MEMORANDUM RULING
From: Tammy Sharkey <tlsharkey@co.collin.tx.us>
Sent: Monday, May 1, 2023 11:55 AM
To: 'vsmiles@tx.rr.com' <vsmiles@tx.rr.com>; Kay Carranco <kay@d-elaw.com>
Subject: RE: Cause No. 401-51206-2022; IMMO Miles - Pretrial
Good afternoon,
Please see Judge Flints ruling below.
Following in my decision in this matter:
1. Divorce is granted on general insupportability grounds
2. Name change is granted
3. No evidence was offered on North Carolina real estate’s value. Received during marriage and
therefore community presumption applies unless clear and convincing evidence offered to show
otherwise. W testified that they were a gift from her parents. Deeds in name of parents and
only W’s name on them. North Carolina is a separate property state and real estate in North
Carolina subject to North Carolina law. Separate property therefore proven by clear and
convincing evidence. North Carolina real estate therefore awarded to Was her separate
property. W is awarded all accounts receivable from leases, etc., related to such properties.
4. 1996 Kawasaki awarded to H as his separate property. This award includes all fixtures and
equipment which may be on those properties (e.g. farming equipment).
5. Even though some of 401ks preceded marriage, no adequate tracing for separate property
portion, if any, and therefore all community. Because testimony showed more or less equal
values in 401ks/IRAs in each parties names, each party is awarded 100% of the
401ks/IRAs/Retirement Plans in their names.
6. All financial accounts in either parties’ names are divided 50/50. These include:
1. Merrill CMA
2. BofA x2062
3. BofA x4487
4. BofA unknown
7. For purposes of this ruling, the family homestead is valued at $600,000. After closing expenses
(realtor, general closing costs, necessary repairs for sale, receivership fee (if not realtor), and
$10,000 toward H’s attorney’s fees (H’s attorney assigned to preparing final decree and
preparing any documents related to house receivership/sale), 60% of net awarded to W and
40% to H. Uneven split justified by (a) contributions to mortgage, etc. by W over time and (b)
W’s current disability. House to be sold as follows:
1. Parties shall cooperate in maintaining home in showable condition until sold.
2. The parties shall confer and appoint a realtor to sell the property by 5:00 PM on May 12,
2023. The home shall be listed at a price agreed between the parties and, if no
agreement, for $600,000. If the Realtor believes that a different price can be obtained
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 12 OF 22
Amended Request for Supplemental Clerk’s Record
which is higher, that price shall be used if no agreement. If the Realtor believes a lower
price should be set and there is no agreement, the Realtor shall, through H’s attorney,
file a Motion with the Court stating his/her opinion of price and the Court shall consider
it. The cost of such application (the attorney’s fees) shall be added to the $10,000
attorney’s fee deduction.
3. If the parties do not appoint a realtor by May 12th or cannot agree on a listing price or,
after the realtor has been appointed, cannot agree on repairs, etc., requested by the
realtor, or, if an offer is made which is recommended by the realtor, will not agree on
same, the following procedure shall apply:
1. The realtor, using H’s attorney, shall apply to the Court for the appointment of a
receiver, which may be the realtor if the realtor agrees;
2. A receiver shall be thereafter appointed, with or without a hearing as the Court
may determine, upon such terms as the Court finds necessary and appropriate
in the circumstances.
8. Both parties may remain in the house pending sale and mutual injunctions not to harass the
other. If one party leaves, the other party can remain in the house but shall be charged a fair
rental value equal to $2,000 a month until the house is sold, which amount shall be deducted
from their share at closing, added back as a “net proceeds” and divided as set forth above. In
addition, the person remaining in possession shall pay all utilities, shall pay for house insurance,
and shall bear all costs of real estate taxes accruing at closing during that period of occupancy.
9. H is awarded the life insurance in his name, including the cash surrender value, and the disability
insurance in his name.
10. H is awarded the 2007 Lexus. W is awarded the 2001 Mercedes (the gift W made to the son is
voided).
11. The master bedroom suite of furniture is awarded to W.
12. Any furniture received by gift by a party from a third party is awarded to the party receiving the
gift.
13. The remaining furniture shall be divided by agreement; provided, however, if no agreement can
be reached by May 31, the furniture will be sold at public “estate” sale to be organized by the
realtor (or receiver) and the proceeds split 50/50. If the parties have agreed on some division by
May 31 and the remaining furniture is of low value, the furniture shall be donated to a charity of
H’s choice. Furniture includes electronics, dishes, utensils, etc.
14. Each party is awarded the clothing, jewelry, and personal items in their possession.
15. W is responsible for all debts incurred by her since March 1, 2022. H is responsible for all debts
incurred by him since March 1, 2022. If not already filed, each party shall file 2022 taxes as
married individuals filing separately and W shall file as head of household (i.e. to the extent H or
W have drawn down on their 401ks since the divorce, they are solely responsible for all taxes
incurred with respect thereto). W’s health care expenses can be claimed 100% by her. Any
other deductible expenses (i.e. real estate taxes) shall be shared 50/50. H is also responsible for
all of his student loan and attorney’s fees. W is responsible for her attorney’s fees.
16. No spousal support.
17. If an asset remains as undivided, it is divided 50/50.
George B. Flint
District Judge
401st Judicial District Court
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 13 OF 22
Amended Request for Supplemental Clerk’s Record
Collin County, Texas
Thank you,
Tammy Sharkey
401st District Court Coordinator
tlsharkey@co.collin.tx.us
972-548-4241
https://www.collincountytx.gov/district_courts/Pages/401dc.aspx
NOTE: All email correspondence relating to pending cases will be filed with the District Clerk for inclusion in the record of the case. Any
communication to the Court or staff via email must comply with Rules 21 and 21a, T.R.C.P., and to do so by the fastest means available to the
other affected parties or counsel. The provisions of Canon 3B(8) of the Code of Judicial Conduct should be carefully reviewed before any person
connected with a case attempts any communication with the judge or court personnel.
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 14 OF 22
Amended Request for Supplemental Clerk’s Record
APPENDIX D
Trial Court Request for Briefs on North Carolina Law
From: Judge George Flint <gflint@co.collin.tx.us>
Sent: Thursday, September 7, 2023 1:09 PM
To: beth@bethmjohnson.com; Marilea Lewis <marilea@d-elaw.com>
Cc: Tammy Sharkey <tlsharkey@co.collin.tx.us>
Subject: 401-51206-2022; Miles
Counselors, Mr. Miles has filed a Motion for New Trial or to Correct/etc my rulings.
I realized that my prior rulings were based in part on an understanding of North Carolina law which may
or may not be in error.
I am asking both of you to submit me briefs (they can be short) with relevant case and/or statutory law
from North Carolina addressing the following:
1. Is North Carolina a community or separate property state or something else?
2. Under North Carolina law, does a deed in one person’s name presumptively that person’s
separate property?
3. Because the North Carolina real estate was acquired during the marriage, which law applies
to the characterization of that property as separate or community -- North Carolina law or
Texas law?
4. Under North Carolina law, does the recitation of nominal consideration in the deed
foreclose a finding of gift or is it a question of fact in all circumstances?
5. With respect to the gift analysis, does North Carolina law apply (because of the location of
real property) or Texas law apply (because it is being determined in the context of
dissolution of the Texas marriage)?
Please have this in my hands by Friday, September 22. It is my intent to rule on all pending matters by
the end of this month.
Thank you.
George B. Flint
District Judge
401st Judicial District Court
Collin County, Texas
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 15 OF 22
Amended Request for Supplemental Clerk’s Record
APPENDIX E
Correspondence Email on Respondent’s Motion to Dismiss and
Response in Opposition to Petitioner’s Motion for Reconsideration
From: Tammy Sharkey <tlsharkey@co.collin.tx.us>
Date: 10/11/23 11:43 AM (GMT-06:00)
To: 'Donald Miles' <dsmiles1@tx.rr.com>
Subject: RE: . 401-51206-2022 - Respondent's Motion to Dismiss and Alternatively, Memorandum in
Opposition to Petitioner's Motion for Reconsideration of Court Order on Motions for New Trial and
Modify, Correct, or Reform
Please make sure ALL parties are included In all emails.
Judge did see this – his ruling stands.
Thank you,
Tammy Sharkey
401st District Court Coordinator
tlsharkey@co.collin.tx.us
972-548-4241
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 16 OF 22
Amended Request for Supplemental Clerk’s Record
https://www.collincountytx.gov/district_courts/Pages/401dc.aspx
All hearings in the 401st are scheduled as in-person
unless other arrangements have been made with the court.
If you need to set a hearing please email me at tlsharkey@co.collin.tx.us
NOTE: All email correspondence relating to pending cases will be filed with the District Clerk for inclusion in the record of the case. Any
communication to the Court or staff via email must comply with Rules 21 and 21a, T.R.C.P., and to do so by the fastest means available to the
other affected parties or counsel. The provisions of Canon 3B(8) of the Code of Judicial Conduct should be carefully reviewed before any person
connected with a case attempts any communication with the judge or court personnel.
From: Donald Miles [mailto:dsmiles1@tx.rr.com]
Sent: Wednesday, October 11, 2023 9:08 AM
To: Tammy Sharkey <tlsharkey@co.collin.tx.us>
Cc: 'dsmiles1' <dsmiles1@tx.rr.com>
Subject: . 401-51206-2022 - Respondent's Motion to Dismiss and Alternatively, Memorandum in
Opposition to Petitioner's Motion for Reconsideration of Court Order on Motions for New Trial and
Modify, Correct, or Reform
***** WARNING: External Email. Do not click links or open attachments that are unsafe. *****
Good morning Ms. Sharkey,
I saw that my “Respondent’s Motion to Dismiss and Alternatively, Memorandum in Opposition to
Petitioner’s Motion for Reconsideration of Court Order on Motions for New Trial and Modify, Correct, or
Reform” document was not accepted until 11:14 AM on October, 10, 2023 (yesterday). Judge Flint had
already made a ruling on my case 11 minutes earlier. Did he get to review the above motion before he
made his decision? The document was accepted into the court system around 2PM on October, 8, 2023
(Monday). Below are attachments to document what I described above. I did leave you a voice
message around 8:45AM today. If Judge Flint did not review this document before his ruling, I am
requesting that he review the document and notify me of his decision.
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 17 OF 22
Amended Request for Supplemental Clerk’s Record
EXHIBIT A
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 18 OF 22
Amended Request for Supplemental Clerk’s Record
EXHIBIT B
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 19 OF 22
Amended Request for Supplemental Clerk’s Record
Thank you,
Donald S. Miles
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 20 OF 22
Amended Request for Supplemental Clerk’s Record
APPENDIX F
Rejected Appellant and Appellee Proposed Final Decree of Divorce
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 21 OF 22
Amended Request for Supplemental Clerk’s Record
CAUSE NO. 401-51206-2022; IMMO MILES PAGE 22 OF 22
Amended Request for Supplemental Clerk’s Record
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 84681159
Filing Code Description: Letter
Filing Description: AMENDED REQUEST FOR SUPPLEMENTAL
CLERK???S RECORD
Status as of 2/20/2024 2:36 PM CST
Associated Case Party: Donald Miles
Name BarNumber Email TimestampSubmitted Status
Donald Miles dsmiles1@tx.rr.com 2/20/2024 11:00:43 AM SENT
Associated Case Party: VedaSmithMiles
Name BarNumber Email TimestampSubmitted Status
Veda SmithMiles vsmiles@tx.rr.com 2/20/2024 11:00:43 AM SENT
Beth MJohnson beth@bethmjohnson.com 2/20/2024 11:00:43 AM SENT
Lisa GGarza lgarza@lisaggarzafamilylaw.com 2/20/2024 11:00:43 AM SENT