DeVine v. DeVine
Texas Court of Appeals
869 S.W.2d 415 (1993)
- Written by Whitney Kamerzel , JD
Facts
John DeVine (plaintiff) was married to Antoinette DeVine (defendant). During the marriage, the DeVines invested in real estate developments owned by Jack Count. Antoinette did not reveal to John that she was having an extramarital affair with Count. Although the DeVines never saw a penny in profit from their investments, Antoinette encouraged and persuaded John to keep investing money with Count. Consequently, the DeVines lost over $100,000 from their investments in Count’s developments. When John discovered the extramarital affair, he sued Antoinette for a divorce. The trial court granted the divorce and found that $100,000 of the DeVines’ lost investment was due to Antoinette’s fraud. The court therefore held that the lost $100,000 was to be taxed to Antoinette’s share of the total community assets. Antoinette appealed.
Rule of Law
Issue
Holding and Reasoning (Poff, J.)
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