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Warriner v. Warriner

This is an appeal involving the distribution of property relating to a divorce. To overcome the community property presumption, the challenging party must trace and clearly identify the property claimed as separate property. The trial court's judgment is affirmed. El Paso Court of Appeals, No. 08-11-00210-CV, 09-05-2012.

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OPINION

Fredrick Merida Warriner (“Appellant”) appeals the decision of the trial court regarding the distribution of property relating to the divorce proceeding between Appellant and Dana Dian Warriner (“Appellee”).*fn1 Appellant brings seven issues asserting: (1) objections to the trial court’s Findings of Fact and Conclusions of Law; (2) the trial court abused its discretion by denying Appellant’s Motion to Compel and allowing unsworn supplemental interrogatories and untimely filed disclosures into evidence; (3) the trial court erred in overruling Appellant’s objection regarding Appellant’s responses to two requests for production; (4) the trial court abused its discretion by allowing Appellee to file an Amended Sworn Inventory outside of the discovery period; (5) the trial court abused its discretion by not determining that certain property was the separate property of Appellant; (6) the trial court erred by allowing tax rolls into evidence in determining the property division of the parties; and (7) the trial court improperly considered a written closing argument made by Appellee’s counsel following the close of the trial. For the reasons set out below, we affirm.

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