Sybil Leo v. Robert George Gardner, II v. Eddie Porter and Carmen Porter

This appeal involves a divorce action that includes a claim against third parties. The wife filed a divorce complaint against the husband, and the husband counterclaimed for divorce. Later, the husband amended his divorce counterclaim to add claims against third parties as defendants, alleging that they took personal property from the marital home with the wife’s acquiescence. Later, the divorce claims were dismissed, but the claims against the third parties remained. After a hearing, the trial court awarded the husband compensatory and punitive damages as to the property taken. As to one item, however, the third parties were ordered to deliver the item to the court to be donated to a local charity. The third parties now appeal. We affirm the trial court’s finding as to the value of the property taken, remand for findings of fact and conclusions of law under Rule 52.01 as to the monetary judgment, and vacate the order requiring the donation of an item of property.