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  • IMM MOLINA DIVORCE W/O CHILD (FAMILY LAW) document preview
  • IMM MOLINA DIVORCE W/O CHILD (FAMILY LAW) document preview
  • IMM MOLINA DIVORCE W/O CHILD (FAMILY LAW) document preview
  • IMM MOLINA DIVORCE W/O CHILD (FAMILY LAW) document preview
						
                                

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712012014 rt led in The District Gou! et Travis County, Texas 1 JA NO. D-1-FM-08-000066 SUL 15 20" ~ i. A Clerk 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 E> TRADE FINANCIAL + Investing» Banking 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 Were VALIG.COM VALIC nine, iter sxcut sues Wouldyou ‘brown bag’ it for $120,000? It's not hardto spend §15 going cout for lunch. But if you brown-baggedinstcad, and put that $15 a day into ‘your future, you could sccumulatemorc than $120,000cxnraberweon SO and65. 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% *VALICis pleascdto provide you with your investment'sparsoual performance.A active accounts at end of the quarter were includedin the calculation, using the ectualmumber of days your funds were invested. *Past Porformanceis uct 8 guarantes of futur performance. Indiv idualfimd performances availabkonlinc at www.VALIC.com. Plea tyes. . EMPLOYER GIRL SCOUTS-LONE STAR COUNCIL Tax shettered 4035) "Financial planning’ atrip- not a destination,’ A good financial plan willhelp you as much with buyingyour first housc.as it will with saving fora future when you can do what you want. It willbelp yoummnags your budget, maximize you savings whik enjoying life, be smart about taxes... Ask your VALIC financial advisor sbouta fice FinancislAnalysis. 02430 6883282 004860 008348 OOUG1A0004 CAF N ‘What do running marathonand savinghave in common? Winns finish: strong. Many people doa great job saving for their future...butdon'tthink about s plan for managing their asacts in retirement. The result cn be runningout of mouey.Planningto help your asscts last in retirementis a 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