Mary Gresilda Martinez, et al v. Roberto Martinez--Appeal from 13th District Court of Navarro County

NO. 10-90-080-CV

IN THE

COURT OF APPEALS

FOR THE

TENTH DISTRICT OF TEXAS

AT WACO

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MARY GRESILDA MARTINEZ, ET AL,

Appellants

v.

ROBERTO MARTINEZ,

Appellee

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From 13th Judicial District Court

Navarro County, Texas

Trial Court # 380-89

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OPINION ON REHEARING

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The divorce decree described the property as "the parties' home and one acre of land." Extrinsic evidence could have shown that the parties owned only one home and one acre of land, which would have identified the property with reasonable certainty. See Kmiec v. Reagan, 556 S.W.2d 567, 569 (Tex. 1977). Without a statement of facts, we must presume that the property was identified with reasonable certainty by extrinsic evidence. See Guthrie v. National Homes Corporation, 394 S.W.2d 494, 495 (Tex. 1965). The motion for a rehearing is denied.

BOB L. THOMAS

Chief Justice

Before Chief Justice Thomas,

Justice Cummings and Justice Vance

Motion for rehearing denied

Opinion delivered and filed April 4, 1991

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