J. Nelson Roach v. Jodi Ann Roach

By her motion for rehearing, Mrs. Roach raises only one matter that was not determined by our original decision and requires further comment. She alleges that Mr. Roach has received, accepted and sold some of the property awarded him by the trial courts judgment and, having accepted the benefits of the decree, he cannot now deny its validity under Matter of Marriage of Rutherford, 614 S.W.2d 498 (Tex.Civ.App.--Amarillo 1981, writ dismd). In support of her allegation, she tendered a certified copy of her deed conveying to him all of her right, title and interest in and to the six tracts of real property awarded him out of the community estate by the courts judgment, and certified copies of two deeds by which he conveyed two of the same pieces of property to third parties.