Mondee Stracener v. Doug Stracener, Bernice L. Stracener and Joey Keith Stracener
06-14-00079-CV
| Tex. Crim. App. | Feb 12, 2015Background
- Mondee (appellant) sued Doug, Bernice, and Joey Stracener for partition of a 54.883‑acre tract owned in unequal interests. Three special commissioners were appointed to divide the land.
- The initial Report of Commissioners partitioned the tract but did not attach dollar values to the whole, the shares, or improvements. Appellant filed objections.
- At a hearing, commissioners testified they considered the value of a single‑family house and a paved runway when determining the partition; they did not physically inspect the interior of the property. Appellant contends the house had been previously adjudicated to be his sole property.
- The trial court ordered the commissioners to amend their report to assign values to the whole tract, each share, and the improvements (house and runway). An Amended Report was filed.
- On July 11, 2014 (filed July 15), the trial court entered a Final Decree of Partition approving the Amended Report. Mondee appealed, arguing the court and commissioners wrongly included the house’s value in calculating his 68.75% share despite an earlier (final) decree awarding the house and 1 acre to him as his sole property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether commissioners and court erred by including the house value in partition calculations | Mondee: the Amended Decree awarding the house and 1 acre to him as sole property was final; its value should not have been included in computing his 68.75% share | Appellees: commissioners properly considered improvements in valuing the whole; court properly required valuations and approved amended report | Trial court approved the Amended Report and Final Decree; Mondee appeals arguing inclusion of house value violated the prior final decree |
| Whether the court should have instructed commissioners to exclude the house value when amending the report | Mondee: the court was bound by the prior decree and should have directed exclusion of the house value | Appellees: the court has authority under partition rules to determine equities and include improvements in valuation | Trial court ordered amended valuations (including house) and approved them; appellant contends this was error |
| Whether the Final Decree contradicted the earlier, final Amended Decree Ordering Partition and Appointing Commissioners | Mondee: Final Decree altered or ignored the prior final decree’s equitable allocation of the house as his sole property | Appellees: the Final Decree reflects proper administration of partition and required valuations for an equitable division | Trial court entered Final Decree approving Amended Report; appellant seeks reversal on basis the earlier decree was binding and not honored |
| Appropriate remedy for alleged error (if any) | Mondee: reverse Final Decree, dismiss/replace commissioners, and require a new partition excluding the house value from the whole | Appellees: (implicit) affirm Final Decree as consistent with partition rules and equitable valuation of improvements | Trial court has approved the Amended Report; appeal pending (appellant asks for reversal) |
Key Cases Cited
- Bonquet v. Belk, 404 S.W.2d 862 (Tex. Civ. App.) (discusses placing improvements on a portion set aside to owner of improvements)
- Campbell v. Tuffs, 3 S.W.3d 256 (Tex. App.) (court may reject commissioners’ report if materially erroneous or unjust)
- Ellis v. First City Nat'l Bank, 864 S.W.2d 555 (Tex. App.) (first partition decree determines questions of law and equity affecting title)
- Griffin v. Wolf, 610 S.W.2d 466 (Tex.) (partition decrees: the initial decree is appealable as final)
- Yturria v. Kimbro, 921 S.W.2d 338 (Tex. App.) (authority on court adjusting equities in partition proceedings)
- Price v. Price, 394 S.W.2d 855 (Tex. Civ. App.) (discusses allocation of improvements when partitioning)
- Snow v. Donelson, 242 S.W.3d 570 (Tex. App.) (partition procedure and determination of equities)
- Estate of Mitchell, 20 S.W.3d 160 (Tex. App.) (preliminary partition decree conclusions and limits on relitigation)