COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-13-00098-CV
DEBRA PEMBERTON APPELLANT
V.
ROBERT PEMBERTON APPELLEE
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FROM THE 43RD DISTRICT COURT OF PARKER COUNTY
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MEMORANDUM OPINION1
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Following a bench trial, the trial court signed a final decree of divorce. In
the final decree, the trial court ordered that the parties’ unimproved lake lot be
sold to pay attorneys’ fees. Page nine of the final decree states:
The net proceeds derived from the sale after costs of sale and
payment of the receiver’s fee shall be as set out hereinbelow:
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See Tex. R. App. P. 47.4.
1. The delinquent Homeowner’s Association dues and
assessments paid in full off the top;
2. The balance of the net proceeds shall be divided 50/50
between the attorneys for Petitioner, Mark J. Rosenfield, and
the attorneys for Respondent, Michael Tresidder.
3. IT IS ORDERED that DEBRA PEMBERTON shall pay in full
the ad valorem taxes, interest, and penalty due and owing on
the said lake lot, as sanctions for Respondent’s prior discovery
sanctions which were ordered and which were not paid by
Respondent. [Interlineations included in original.]
In their briefs, Appellant Debra Pemberton and Appellee Robert
Pemberton agree that there is an error in the final decree of divorce because it
fails to limit the award of attorneys’ fees to the amount of attorneys’ fees owed
and, depending on the value of the property at the time of the sale, could award
attorneys’ fees in excess of the amounts that were proven at trial. The parties
agree that a provision should be added to the final decree of divorce that any net
sales proceeds from the lake lot sale shall be divided equally between the parties
after the payment of attorneys’ fees. We agree and sustain Debra’s sole issue.
Having sustained Debra’s sole issue, we modify the provision on page nine
of the final decree of divorce to contain the language agreed to by the parties:
“2. The net sales proceeds shall be divided equally between Petitioner and
Respondent after payment of the attorneys’ fees that were proved at trial.” As
modified, we affirm the trial court’s judgment. See Tex. R. App. P. 43.2(b)
(providing that appellate court may modify judgment and affirm as modified).
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SUE WALKER
JUSTICE
PANEL: LIVINGSTON, C.J.; DAUPHINOT and WALKER, JJ.
DELIVERED: January 9, 2014
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