Rutherford v. Rutherford

REYNOLDS, Justice.

The question central to this appeal from that part of a divorce decree dividing the estate of the parties is whether the court, who heard only a part of the evidence pertaining to the property, reversibly erred in ordering a division of the community property without the benefit of the rest of the evidence heard by another judge acting under Rule 330, Texas Rules of Civil Procedure. We answer the question in the affirmative. Reversed and remanded.

In May of 1974, Kenneth Franklin Rutherford instituted this suit in the 137th Judicial District Court of Lubbock County. He sought…