In an eloquent opinion, a nonplussed Chief Justice Quinn of the Amarillo Court of Appeals criticized the failure of both parties to a divorce to provide the trial court with sufficient evidence to make a just and right division of the community estate. The trial court found neither party to be "open and truthful," observing that both parties "wanted to play low ball/high ball on all property in that each tried to put a high value on the property to be awarded to the other and a low value on property . . . awarded to them." The Amarillo Court affirmed the trial court's division, despite the paucity of credible evidence, on the doctrine of invited error: The parties had so poorly informed the trial court of the community estate's assets and values that both effectively invited the trial court to err. In the Matter of the Marriage of Palacios, No. 07-08-0006-CV (Tex. App. - Amarillo June 10, 2009).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: valuation, division, invited error