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In re Marriage of Watson

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Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

ON MOTION TO AUTHORIZE DISPOSITION OF PROPERTY

Pending before the Court is the motion by which appellant Nina Joyce Watson asks that she be “authorized to dispose of certain community property awarded her” in her divorce from appellee William Herbert Watson.*fn1 In the motion, appellant states that she desires to sell assets held in a particular investment account to pay expenses including legal and accounting fees and the cost of the reporter’s record on appeal.*fn2 Her motion asks for authorization to dispose of the assets “without such authorization being a waiver of her right of appeal.” As authority for our consideration of her motion, appellant cites Rules of Appellate Procedure 24.4(c) and 2. Rule 24.4 provides for appellate review of a trial court’s actions with respect to the superseding of its judgment. Appellant’s motion gives no indication the trial court has taken action, or been requested to take action, on the subject of the motion. Assuming, without deciding, that Rule 2 would permit us to consider the merits of appellant’s motion in the absence of prior trial court action, we decline to do so. The motion is denied.

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