Barnard V. Barnard

Appellant Frank Elmar Barnard appeals the trial court's order granting a divorce on grounds of cruelty and dividing the property of the marital estate. In four points, appellant complains that the trial court erred because it (1) did not have a basis upon which to exercise jurisdiction or venue under Texas Family Code section 6.301; (2) abused its discretion in finding that appellant was guilty of cruel treatment when no evidence was presented to the trial court in support of the finding; (3) abused its discretion in its division of the community estate because no evidence existed to support the division; and (4) erred by failing to confirm and award appellant his separate property. We reverse and remand the case for a new trial on the property division.