Eis v. Eis

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Eis v. Eis

Case Number
Call Date
September 2, 2021
Case Time
9:00 AM
Court Number
Case Location
Court Type
District Court
Case Summary

S-20-0515 Linda A. Eis (Appellee) v. Donald W. Eis (Appellant)

Richardson County District Court, Hon. Julie D. Smith

Attorneys: Steven J. Mercure (Nestor & Mercure, for Appellee); Jeffrey A. Gaertig (Smith Schafer Davis Gaertig, for Appellant)

Civil: Marital property; Valuation of marital estate

Proceedings Below: On March 28, 2020, the district court entered a decree of dissolution, which divided the parties’ marital property and awarded Appellee an equalization payment. In an order dated May 22, 2020, the district court amended its decree to increase Appellee’s equalization payment. Appellant’s motion for new trial was denied on June 23, 2020.

Issues on Appeal: Whether the district court erred 1) in classifying as marital property a parcel that had been acquired before the parties’ marriage but to which both parties had contributed nonmarital funds and labor; and 2) in increasing Appellee’s equalization award based on the value of harvested grain that was in storage at the time of separation but not sold until later.

Schedule Code