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ROSE v. ROSE

No. 04-88-00043-CV.

770 S.W.2d 938 (1989)

Theresa M. ROSE, Appellant, v. Roger J. ROSE, Appellee.

Court of Appeals of Texas, San Antonio.

May 10, 1989.

Attorney(s) appearing for the Case

James M. Pearl, Casseb, Strong & Pearl, San Antonio, for appellant.

Sam C. Bashara, H. Pamela Schoch, Law Office of Sam C. Bashara, San Antonio, for appellee.

Before CADENA, C.J., and BIERY and CARR, JJ.

OPINION

BIERY, Justice.

This appeal follows a suit brought by appellant to partition military retirement benefits and for a declaratory judgment. In a non-jury trial, the issues presented to the trial court were: (1) were the military benefits of appellee treated as community property and partitioned in the 1973 divorce decree1; and (2) did the agreement to pay the sum of $48,885.00 in installments as provided in the divorce...

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