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712012014
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led in The District Gou!
et Travis County, Texas
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NO. D-1-FM-08-000066 SUL 15 20"
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IN THE MATTER OF THE MARRIAGE. § IN THBP REE COURT
§
OF SYLVIA G. MOLINA AND 8 OF TRAVIS COUNTY, TEXAS
§
JUAN ANTONIO MOLINA 8 250" JUDICIAL DISTRICT
SYLVIA G. MOLINA. IN THE DISTRICT COURT
VERSUS OF TRAVIS COUNTY, TEXAS
Or Or UO Or OD
JUAN ANTONIO MOLINA, ET AL. 250" JUDICIAL DISTRICT
PETITIONER’S MOTION TO REOPEN THE EVIDENCE
TO THE HONORABLE JUDGE OF SAID COURT:
SYLVIA G. MOLINA, Petitioner, asks the Court to allow her to reopen to
present additional evidence in the above-styled and numbered cause., and in
support thereof, Petitioner would show as follows:
1. Trial in this cause was to the Court on Monday, May 9, 2011.
2. Although all parties have rested, it is necessary for Petitioner to present
additional relevant evidence of community property that was inadvertently
omitted at trial. This inadvertent omission was discovered on or about June
7, 2011, and counsel for Respondent was specifically notified in writing of
this issue on June 8, 2011. This evidence involves four (4) retirement
accounts, three (3) in the name of Petitioner, and one (1) in the name of
Respondent, JUAN ANTONIO MOLINA.
0 A712012014
3. Petitioner requests that the Court reopen the evidence in this case by
affidavit in lieu of oral testimony. In particular, Petitioner requests that the
Court admit into evidence in the trial of this cause AFFIDAVIT OF
OMITTED RETIREMENT ACCOUNT EVIDENCE (“AFFIDAVIT”).
Petitioner has filed the original AFFIDAVIT simultaneous with the filing
of this motion. A true and correct copy of AFFIDAVIT is attached to this
motion and is incorporated herein as if restated in full. AFFIDAVIT
concems an issue that is not controversial, in that it addresses the following
matters that have not been disputed at trial: that the parties had multiple
retirement accounts that were part of the community estate.
4. The introduction of this additional evidence is necessary to the
administration of justice in this case because failure to include community
property in the division of the community estate leaves unresolved the post-
divorce ownership of this property, and submits the parties to potential
post-divorce partition suit. Furthermore, this additional evidence does not
address a collateral matter and is not cumulative of other evidence already
presented.
5. A trial court should reopen the evidence when the introduction of additional
evidence clearly appears to be necessary to the administration of justice.
Tex. R. Civ. P. 270. The decision to reopen the case to permit additional
evidence is within the trial court’s sound discretion. Lopez v. Lopez, 55712012014
S.W.3d 194, 201 (Tex. App. — Corpus Christi 2001, no pet.). The trial
court should liberally exercise that discretion to permit the full development
of the case. Id.
. The Court should reopen the evidence in this case for the following
reasons:
a. The evidence is submitted for the sole purpose of it’s inclusion in
the Final Decree of Divorce.
b. Failure to include community property in the division of the
community estate leaves unresolved the post-divorce ownership
of this property, and submits the parties to potential post-divorce
partition suit.
c. The failure to include this evidence at the trial was inadvertent
error committed by both parties. Respondent’s community
property list did not include any of the retirement accounts,
including the five (5) other retirement accounts introduced into
evidence at trial.
d. No undue delay will result by the granting of this Motion because
at the time of filing of this Motion, Respondent also filed
MOTION FOR ENTRY OF JUDGMENT, with the FINAL
DECREE OF DIVORCE submitted as an attachment and712012014
because Respondent is requesting that the evidence be reopened
by affidavit only, which is attached hereto.
e. The receipt of this additional evidence will not result in a
modification of the Court’s May 9, 2011, ruling. The Court’s
ruling was to award all retirement accounts to Petitioner because
the Court found that Respondent has dissipated and wasted assets
of the community estate.
f. The receipt of this additional evidence will not cause an injustice
because the result is the award to Petitioner of the retirement
accounts already in her name and the award to Petitioner of the
one (1) retirement account in Respondent’s name. The net effect
to Respondent is the value of the retirement account in his name,
which as of June 8, 2011, is $701.08.
7. For the reasons stated above, Petitioner requests the Court grant this Motion
and reopen the evidence in this cause by permitting the entry of
“AFFIDAVIT OF OMITTED RETIREMENT ACCOUNT
EVIDENCE.”712012014
Respectfully submitted,
LAW OFFICES OF RONALD S. GUTIERREZ
Downtown Station
P. O. Box 182
Austin, Texas 78767-0182
Office: (512) 423-2929
Email: rsg.la’ y
By:
ald $. Gutierrez
State Bar No. 08
ATTORNEY FOR PEATTIONER/PLAINTIFF
Certificate of Service
By my signature above, I hereby certify that a true and correct copy of the
foregoing instrument was delivered via hand delivery, return receipt requested, to
C. Wilson Shirley and Scott Herlihy, of SAVRICK SCHUMANN JOHNSON
McGARR KAMINSKI & SHIRELEY, L.L.P., The Overlook at Gaines Ranch
4330 South Mopac, Suite 150, Austin, Texas 78735, Attorney for
Respondent/Defendant Juan Antonio Molina, and to A. Dylan Wood, of RAY,
WOOD & BONILLA, 2700 Bee Caves Road, Austin, Texas 78746, Attorney for
Defendant Jose David Molina, on July 15, 2011.712012014
NO. D-1-FM-08-000066
IN THE MATTER OF THE MARRIAGE. § IN THE DISTRICT COURT
§
OF SYLVIA G. MOLINA AND § OF TRAVIS COUNTY, TEXAS
8
JUAN ANTONIO MOLINA § 250" JUDICIAL DISTRICT
AFFIDAVIT OF OMITTED RETIREMENT ACCOUNT EVIDENCE
STATE OF TEXAS §
COUNTY OF TRAVIS ;
BEFORE ME, the undersigned authority, personally appeared SYLVIA G.
MOLINA, who stated, upon oath, the following:
“My name is Sylvia G. Molina. I am the Petitioner in the above-styled and
numbered cause. The following community property was inadvertently omitted as
evidence in the trial of this cause:
1. “E*Trade Securities Retirement Account, Account Number 6767-
9143, approximate value $1,860.84 (as of 05/31/2011), in the name
of Sylvia G. Molina.
2. “Valic Retirement Account, Account Number {800270, approximate
value $484.66 (as of 03/31/2011), in the name of Sylvia G., Molina.
3. “MetLife Retirement Account, Investor ID Number 8067-0472-
0850, approximate value $824.80 (as of 06/08/2011), in the name of
Sylvia G. Molina.
4. “MetLife Retirement Account, Investor ID Number 8067-0260-
2795, approximate value $701.08 (as of 06/08/2011, in the name of
Juan Antonio Molina.
“The most recent statements of these accounts are attached hereto and
incorporated herein as if restated in full.
“J have personal knowledge of the foregoing, and it is true and correct.”712012014
SYLyia G. MOLINA
SUBSCRIBED AND SWORN TO BEFORE ME, by the said SYLVIA G.
MOLINA, on this the Wwe day of June, 2011.
LZ SHEARON
MY COMMISSION EXPIRES. i
Ober St! lic, State of TE712012014
PAGE 1 OF 5
Customer Update: .
WHAT EVERY INVESTOR SHOULD KNOW
Aprit 1, 2011 - May 31, 2011
Account Number: 6767-9143
recount Type: INDIVIDUAL Smart investing starts with the right education.
Free videos, web seminars, tutorials and more
E*TRADE Securities LLC at etrade.com/education.
P.O. Box 484 ee
Jersey City,NJ 0703-0484 a
4-800-ETRADE-1 (1-800-387-2331)
etrade.com Member FINRA/SIPC
IMPORTANT INFORMATION: Wacadfeslalraahatulecaldaclbasiabeacdalsferlbsssntabsaldl
SYLVIA MOUNA
INTRODUCING THE E*TRADE COMMUNITY 1402 BARONET'S TRAIL
Tap into the collective experience of fellow AUSTIN TX 78753-6839
Investment Account
3
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FINANCIAL
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Trading
E*TRADE Customers. Go to
etrade.com/community to learn more.
AUSTIN TX 78753-6839
Make checks payable to E*TRADE Clearing LLC.
Mail deposits to:
Uoaafltettthifourtaiabssdabil
E*TRADE CLEARING LLC
P.O. Box 484
Jersey City,NJ 07303 -0484
Account At A Glance
$2,069.04 Securities products and services are offered by E*TRADE
$1,860.84 Securities LLC, Member FINRA. Your account is carried
by an affiliate, E*TRADE Clearing LLC, Member NYSE/
FINRA/SIPC, which maintains your funds and securities.
Please promptly report any inaccuracy or discrepancy
in your account to both E*TRADE Securities LLC at
7-800-ETRADE-1 and E*TRADE Clearing LLC at
201-499-6247. You should re-confirm any oral
communication in writing to further protect your rights,
including rights under the Securities Investor
_ Protection Act (SIPA).
As of 03/31/11 As of 05/31/11
Net Change: $-208.20
DETACH HERE peTACHHERE
SYLVIA MOLINA . .
1402 BARONETS TRAIL Use This Deposit Slip Acct: 6767-9143
Please do not send cash
TOTAL DEPOSIT
OS3L20L10001 111676791432Account Statement
Forthe Perod: 01/01/2011 - 03/31/2011
#BWNKDQB
02430 bAaa252 O01 ooa1eo AF N
MOLINA, SYLVIA
4402 BARONETS TRAIL
AUSTIN TX 78753-6839
Po teal luclddalsatostatbde dol fs balfasceobstrb ll
P Portfollo Snapshot
i
Boginning value 01/01/11
Net change in value
Ending value ONS1/14
0% Large cep
0% Mid Cap
0% Smet Cap
0% Global & Int Equity
0% Spedaily
HH 800% Hyori
0% Fixed income
712012014
VALIC
(800) AAB-2842 Spnek win a Cent Serie Prowenene!
VALIC ty Phare, eterated avout aceon
‘700 em ta k000.m. (CST), Monday Vrouph Frisey
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Axvumewnvernge annual 8% tax-deferredreturnoy er 15 years. Thisls an
Glastrationonly xnd does not reflect the performancesf auy investaent.
Ending value 03/31/11: $484.66
= i
Pontfollo Value
Forthe period ‘Yourto dete For t2montha
ower t-owst/11 ovoutt-oasiit essinoossyit
421% 421% 13.87%
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simp|s-but critically imp ortant-process.We can help.it~” reo The MetLife Policyholder Trust (“Trust”)
MetLife Duplicate Account Statement
BNY Mellon Shareowner Services Page 1 of |
P.O. Box 358420
Pittsburgh. PA 15252-8420
RETAIN THIS DOCUMENT FOR YOUR FECORDS
Account Registration:
GOU0429 G1 SP O.449 **SNGLP Td 9 3657 78753-63992 CO1 BIMAT ~ 2 Date: 06/09/2011
Nevsbbecdsbeantalslesclastlesdsatecbddeellanectstadll Investor ID: 8067 0472 0850
SYLVIA G MOLINA
1402 BARONETS TRL CUSIP: 59156R 10
AUSTIN TX 78753-6839
For information cancerning th atsment, please cali BNY Mellon Share 8,
MetLife, inc.s Transfer Agen. toll free at 1-800-845-3553
TRUST ACCOUNT TRANSACTION DETAIL
i apti Amount Invested | Price Per Share Shares Trust Interest
Date Transaction Description (s) (3) AcquirediWithdrawn| Balance
BALANCE FORWARD 20.0000
TRUST ACCOUNT SUMMARY
Valuation Date Trust Interest Balance Common Stock Closing Price {$) | Total Market Value ($.
06/08/2011 20.0000 41.2400 824.80
You may purchase or sell shares in the Trust under the conditions set forth in the Purchase and Sale Program. |
If your Trust Interest Balance is zero (0), your account is closed and you are not eligible to participate in the Program.
If you wish to request a purchase or sale transaction. detach coupon at the perforation and complete the applicable side of the form
PLEASE BE SURE THIS ADDRESS APPEARS IN THE ENVELOPE WINDOW FOR PURCHASES ONLY
Purchase Instructions 4067 O472 0850 Change of Address:
(See reverse side to SELL}
SYLVIA G MOLINA
Signature _
BNY Mellon Shareawner Services (if address is being changed!
P.O. Box 382290 ‘i vale t
Pi gh. PA 1 Make check in U.S. dollars. payable to.
ittsburgh 15250-8200 fe chen ‘
Noah [eed lscstectl ected {Amount Enclosed
| Minimum investment $250 ‘except as
} described in the Purchase and Sale Brochure
0000101 102 406704720850 O7120/2011 The MetLife Pohicynoider trust ("trust ,
.
MetLife Duplicate Account Statement
BNY Mellon Shareowner Services Page 1 of 1
P.O. Box 358420
Pittsburgh, PA 15252-8420
Account Registration:
Date: 06/09/2011
oovnar9 o2 SF 0 4ay *+SNGLD 74 0 3657 7a753-693902 COL DIMA: - 7
Waslacddscabalfecelfaaboetestecllctetsesdddatll
JUAN ANTONIO MOLINA
1402 BARONETS TRL CUSIP: 59156R10
AUSTIN TX 78753-6839
Investor ID: 8067 0260 2795
13 statement, picase cali BNY Mellon Shareowner Services,
concerning this
gent toll free at 7-200-649-3593
MetLife, Inc.'s Transfer
TRUST ACCOUNT TRANSACTION DETAIL
; ati Al it Invested | Price Per Sh Sh Trust Interest
Date Transaction Description moun. rice 8) are ac qui roaiWithdrawn “Salance
17.0000
BALANCE FORWARD
TRUST ACCOUNT SUMMARY
Valuation Date Trust Interest Balance Common Stock Closing Price ($) [Total Market Value ($)
06/08/2011 17,0000 41.2400 701.08
he conditions set forth in the Purchase and Sale Program.
You may purchase or sell shares in the Trust under t
it is closed and you are not eligible to participate in the Program.
If your Trust Interest Balance is zero (0). your accoun'
if you wish fo request a purchase or sale transaction, detach coupon at the perforation and compiete the applicable side of the form
PLEASE BE SURE THIS ADDRESS APPEARS IN THE ENVELOPE WINDOW FOR PURCHASES ONLY
Purchase Instructions 8067 G2b0 2795 Change of Address:
(See reverse side to SELL)
JUAN ANTONIO MOLINA
Signature.
BNY Mellon Shareowner Services (if address 1s being changed)
Bibcbah Pats Make check in U.S. dolk ble to
8209 lake check in U.S. dollars. payable to:
Pittsburgh, PA 15250-8209 MetLife Purchase Program
Webbed htht HUD aD EeesHles Ml eecToall
? Amount Enclosed
Minimum investment $250 (except as
described in the Purchase and Saie Brochure,
OO001L0L 102 a0b70eb02e795 1