Phillips v. Phillips

Royce Phillips (plaintiff) and Clarence Phillips, Jr. (defendant) were married. The Phillipses divorced on May 8, 1990. The trial court divided the parties’ community property on this date, but it did not mention or divide the rights to the 1989–1990 wheat crop or grain-sorghum crop. On April 14, 1994, Royce filed a suit to partition the net proceeds from the crops. Clarence filed a motion for summary judgment and an affidavit admitting that he prepared the land and planted the crops with community-property funds before the divorce was final. However, Clarence stated that he revoked Royce’s claims to the crops more than two years prior to April 14, 1994, by telling her he was not going to pay her half of the proceeds. Clarence argued the suit was barred by the two-year statute of limitations. In her affidavit, Royce stated that she confronted Clarence in 1990 about the proceeds and that he eventually gave her $2,500 as her half of the total proceeds. Royce stated she later found out that Clarence had received a much greater amount of proceeds. Royce claimed that Clarence continually promised he would get back to her about the matter until January 26, 1993, when he finally told her he was not going to pay her and there was nothing she could do about it. The trial court granted Clarence’s motion for summary judgment, and Royce appealed.