SECOND DIVORCE TRIAL (PART 2):

Early in the morning of Monday, May 13, 1995, I received a telephone call 
from my Mother who said she just received a message from my attorney's office 
wanting to know why I was not in San Antonio because the divorce trial was 
scheduled for the following day (Tuesday, May 16, 1995).   

I had been told nothing about any trial by my attorney.  

But, again, due to my attorney, I returned to San Antonio on short notice and 
at a great expense since flight arrangements had to be made at the last 
minute.

On May 15, 1995, the divorce was officially scheduled for trial.  

My attorney's wishes were fulfilled as to what Judge would preside over the 
trial.

However, my lawyer either grossly miscalculated the Judge's personality or 
cleverly manipulated circumstances to ensure I would incur heavy losses.

The conduct of the trial was preempted by the Judge stating at the outset of 
the hearing that if I wanted a trial conducted in her Court I would:

1.   receive a harsher judgment than the November, 1994 rulings,

2.   pay a significantly greater amount of fees to the opposing lawyer

The Judge further stated the November, 1994 trial should never have been 
overturned and that any prior ex-spouse payments my then-wife received should 
now be viewed as being justly due to her.  

The Judge's rationale was that although military retirement is not required 
to be divided with an ex-spouse (as a previous Judge ruled), awarding 
military retirement pay to my ex-spouse did not violate laws.

My attorney advised me to accept the ruling or face additional and 
substantial financial losses.  So I had to agree to accept the judges ruling 
which included my having to pay $3,500.00 to the opposing attorney.  

However my surrendering to the Judge, the State of Texas Court system, and 
the realities of the USFSPA still made matters worse for me.

In June, 1995, the opposing attorney presented the second divorce decree to 
the Judge for signature.  

In writing the Court Order, the opposing attorney changed the terms of the 
November, 1994 judgment increasing the amount of funds I was to pay by 
several thousand dollars.  

When my attorney objected to the terms being changed from the previous 
divorce decree and increasing the amount I owed, the Judge instructed my 
attorney not to challenge the Order that was submitted.  

But because my attorney did so, the Judge ordered attorney fees I was to pay 
be increased from $3,500.00 to $4,000.00.  I was not even present in Court 
when the Judge ordered this increase since this was a Court hearing scheduled 
only for the Judge and attorneys.

Afterwards, my attorney telephoned me and advised me to appeal the Second 
Divorce Trial, which I had wanted to do anyway.

On August 1, 1995, a second appeal (or Motion for New Trial) was scheduled 
(before the same Judge - which is required under Texas law).  

The Judge ruled a new trial would be granted on the condition:

1.  I pay for my wife's return to San Antonio from Germany for a new trial 
plus the cost of all living expenses.  

     [This was unfair since my wife returned to Germany immediately 
     after the November, 1994 trial on her own volition at my expense 
     using my credit card.]  

2.  I pay my wife "ex-spouse" (tax free) military retirement payments the 
court ruled she was awarded in November, 1994, with such payments reverting 
to May 1, 1995.

I instructed my attorney to refuse any "conditions" offered by the Judge, 
particularly since even if I performed the conditions the case could be tried 
by her again with the same or a worse ruling rendered by this Judge in the 
future.

When my attorney refused to perform the conditions the Judge offered and 
notified the Judge the case would be appealed directly to the Court of 
Appeals as I had directed, the Judge became upset and issued a new order in 
September, 1995 that consisted of: 

      -  imposing sanctions (specifically the seizure of the one 
             individual Savings Account I had) due to my not paying my 
             spouse "ex-spouse" military retirement payments, 

      -  increasing the amount of fees I was to pay to the opposing 
             attorney to $7,500.00, 

      -  declaring I had no right to appeal the ruling