Today Cedar Hill (Duncanville, Tex.), Vol. 41, No. 31, Ed. 1 Thursday, November 16, 2006 Page: 4 of 20
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Page 4 • Cedar Hill Today • Thursday, November 16, 2006
STEVE
SWYPER
Today Staff
You can quit.
Yes, you.
I did it.
I’m talking^ about quitting
smoking, of course.
Any day is a good day to quit,
but Thursday is a special day.
Nov. 16 is the 30th Great
American Smokeout. The Great
American Smokeout promotion is
the American Cancer Society’s
annual, nationally recognized day
to encourage smokers to quit for
one day (and to offer similar
encouragement and challenge to
smokeless tobacco users).
A lot has happened in those 30
years.
Medical science has discov-
ered more about all the different
ways tobacco smoke can be
harmful.
As a result, the initial 1964
Surgeon General’s warning on
cigarette packs has been replaced
by tougher, more explicit multiple
warnings. Slowly, different gov-
ernment entities have investigated
whether or not Big Tobacco com-
panies have manipulated nicotine
levels. (It’s worthwhile to note
here that even heroin addicts con-
sider nicotine more addictive than
their illicit drug of choice.)
Groups such as the Campaign for
Tobacco-Free Kids have focused
their light on how Big Tobacco
tries to illegally hook youth on
smoking, knowing that it’s much
harder to get the smoking habit
started in someone after the age
of 18.
But, what this ultimately boils
down to is you — or me — as
individuals, making that decision
and then making that effort to
quit smoking.
I quit a little more than eight
years ago.
Or, to be honest, I should say I
quit for the last time.
I started cigarettes, between
having three older brothers and
other things, before 1 was 10. By
my junior year in high school, 1
was smoking regularly.
I quit my sophomore year in
college. Smokeless snuff isn’t a
perfect replacement, though.
Eventually, I got off all tobac-
co, then started again.
Finally, I quit and stayed quit,
for a variety of reasons.
There are several points here.
Most times I tried to quit, I
wasn’t immediately successful. If
that’s^our story, you’re not alone.
It is easier, though, if you’re
younger. 1 don’t mean this to dis-
See SMOKEOUT, Page 5
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Equal partnership usually means exactly that
JOHN
POLEWSKI
Special To Today
Rule No. 1 of
Texas marriage
and divorce law is
that a husband and
wife are equal
partners in all
aspects of their
lives together.
Rule No. 1 of
Texas business
partnership law is
that business part-
ners are equal
partners in all
aspects of their
business.
That is a simple statement, and a
fairly easy concept, but you would be
surprised at how many people are sur-
prised when they see the concept
applied in a divorce, or in a business
breakup, when emotions and vastly dif-
fering ideas of what is “fair.”
Any lawyer who handles divorces in
Texas can tell you stories of the stun-
ned surprise and angry disbelief of the
spouse who has built up a lucrative
business during his or her marriage to a
low (or no-) wage earning spouse when
confronted with the realities of Texas
community property law.
So can any lawyer who handles
business litigation between partners.
One spouse, or one partner, typically
will sputter about “it not being fair”
and how he or she “built the business
by working my tail off while she spent
her time at the country club.”
Maybe so, or maybe not. But unless
you and your spouse (or you and your
business partner) agree otherwise in a
valid written contract, you are going to
share responsibilities and assets equal-
ly
It doesn’t matter if you keep sepa-
rate accounts and different banks. It
doesn’t matter if one partner (or
spouse) works and one doesn’t, or if
one makes more money than the other.
The law is not going to penalize
either for “not pulling his weight,” not
working hard enough, not making
enough money, or spending too much
time watching football and not enough
time helping with the chores, or mar-
keting.
It helps, I think, to look at a mar-
riage that is ending in a divorce as
being like a business partnership which
is ending.
In both cases, unless the parties
agree otherwise, they have a 50/50
deal.
Marriages are of course different
because children are involved, but the
emotional component of business part-
ners breaking up often has much in
common with the breakup of a mar-
riage — and in both eases clouds peo-
ple’s perceptions of what is “fair” or
allowable.
In either case, one of the functions
of a lawyer is to guide you through the
process of dissolving the relationship
with a clear head, and keep you focused
on what can and cannot be accom-
plished.
Lawyers almost certainly can’t get
you back together. We can’t make you
forget that your partner cheated (or
cheated on) you.
We can, however, help you focus on
the future and minimizing the damage
which business and marriage breakups
inevitably cause.
For example, assuming that I repre-
sent a husband who has built a business
which has little tangible assets but
whose reputation and income is steadily
rising.
Should that husband haggle over
$20,000 of computers and desks for
three years in a protracted and emotion-
ally draining divorce?
Not if during that three years his
business makes $400,000 profit — of
which his wife is entitled to half.
Much better to take the $20,000 loss
and keep the full $400,000 profit from
the business.
In a purely business setting, is it bet-
ter for the stronger of two partners to
spend his time fighting over what’s left
of the dead business, or to concentrate
his time and money on a new business?
The ultimate answer is that it is
always better to move on as quickly as
possible, and that the stronger partner
is always well advised to accept a small
loss now in exchange for the future
gain to be had when no longer tied to
or distracted by the failed personal rela-
tionship.
Put simply: the partnership is over,
and the question really isn’t “what
should you have done?”, but rather
“what should you do now?”
When children are involved in a
divorce, obviously the analogy to a
failed business partnership breaks down
— and it breaks down precisely be-
cause you will be tied to your ex-
spouse by your shared and continuing
responsibilities to the children.
Even there, however, the business
analogy makes sense.
If I’m going to have to work with
someone I don’t like, I’m much better
off not spending my time and money
starting battles that nobody can win —
and that is true whether we are talking
about the kids or about that piece of
real estate in Plano.
John Polewski is a board certified attorney with
offices in DeSoto and Midlothian
Arbitrate
that claim,
consumers
BY RICHARD ALDERMAN
Special To Today
If you have a dispute with
another party, you may want to
sue. In many cases, however,
your contract contains an arbi-
tration clause that requires you
to arbitrate the claim.
Arbitration clauses are
becoming more and more
common in consumer con-
tracts.
Here are some of the more
common questions regarding
consumer arbitration.
What is arbitration?
Arbitration is a form of
alternative dispute resolution
a legal alternative to litiga-
tion — whereby the parties to
a dispute agree to allow the
dispute to be resolved by a
neutral third party, called an
arbitrator.
Arbitration can be used for
any dispute. It is common in
consumer, labor, and securities
matters.
What is the difference
between arbitration and
mediation?
In arbitration, the arbitrator
hears evidence and makes a
decision resolving the dispute
that is final and binding.
In mediation, a third-party
mediator helps the parties
reach a settlement of their dis-
pute. The mediator does not
render a decision, and if the
parties do not reach an agree-
ment, the matter may proceed
to a trial before a judge or
jury.
Who can be an arbitrator?
Anyone may be an arbitra-
tor. It is impossible to give a
definitive statement regarding
the credentials or experience
of arbitrators.
In most cases, however,
arbitration is held through one
of the national arbitration
associations, such as the
American Arbitration Asso-
ciation, which offers arbitrator
training programs and, in
effect, credentials.
Generally speaking, howev-
er, the credibility of an arbitra-
tor rests upon his or her repu-
tation, experience level in
arbitrating particular issues, or
expertise/experience in a par-
ticular field. Arbitrators are
not required to be attorneys,
What are the
benefits of arbitration?
In many cases, arbitrators
have special knowledge of the
subject matter that allows
them to better resolve the dis-
pute.
Arbitration uses procedural
See CLAIM, Page 5
YOUR LETTERS
Send letters to Cedar Hill
Today, c/o News Editor Loyd
Brumfield, 1701 N. Hampton,
Suite C, DeSoto, TX, 75115, or
P.0 Box 381029, Duncanville TX
75138. Fax letters to 972-298-6369
or e-mail them to
cedarhill@todaynews papers.net.
Include a home address and
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name and hometown will be pub-
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m«v Ik* fditfd for bccvir
ty, clarity, style, taste, grammar and
libel Any change that may materi-
ally affect the content of a letter
will be confirmed with the writer
Today Newspapers reserves the
right to accept or reject any letter
without cause
m,
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Cedar Hill Today Information
PPSlPP
Cedar Hill Today Stuff
Robin Gooch
Publisher and Managing Editor
Kin Petty
Advertising Director
Ron MMIdfT
Circulation Coordinator
Loyd Urn infield
News Editor
Brian Allen
Staff Writer
Chris Hudson and David Goodapeod
Photographers
Wendy Lee
Retail ad sales
Heather Hawkins
Classified ad sales
Troy Peoples
Distribution Coordinator
Betty BeR
Lifestyles Editor
Deadlines
Classifieds:
Display classified ads — 5 p.m.
Tuesday. Line ads — 5 p m Tuesday.
Retail Advertising:
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Common. Advertising rates may be
secured upon request.
School news*— 5 p.m Friday
Genenlnews —noon Monday
Deadlines are subject to change due to holi-
days and will be published in advance.
Subscriptions
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city, $34 per year elsewhere in Texas. All
subscriptions payable m advance and non-
rcfandaMe. The publisher reserves the right
to change advertising and subscription
rates a any time
General Information
Today Cedar Hill is an independent
newspaper published weekly in die interest
of Cedar Hill Any erroneous reflection
upon the integrity or reputation of any indi-
vidual will be corrected if brought to the
attention of the news editor.
Digests run on a space available basis.
Letter Policy
The Opinion Page of Today News-
papers is an open forum Tor all viewpoints.
Letters to the editor and guest columns are
encouraged
I leadline is noon Monday in penon at
1701 N. Hampton in DeSoto, or by mail to
PO Box 381029, Duncwiville, TX 75138
letters must have an original signa-
ture, with a home address and daytime
telephone number for verification purpos-
es only.
The content of all letters will be pre-
served within guidelines of clarity, style,
taste, etc. Letters should be of interest to
local readers and should be limited to 300
words. A complete list of editorial policies,
including the submission of guest
columns, is available at the above location.
Call 972-298-4211 for further information.
Publication in one newspaper does not
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other town.
How to Contact Us
Location:
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Suite C. DeSoto, J5115
Phone: 972-298-4211
Fax: 972-298-6369
E-mafl: cedarhillMi
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Today Cedar Hill (USPS 095640,
ISSN 0704-0428) is published every
Thursday by Today Newspapers, 1126
Explorer, Suite A, Duncanville, Texas
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Duncanville, Texas 75138-1029 Pbst-
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Cedar Hill, RO. Box 381029, Duncanville,
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Gooch, Robin. Today Cedar Hill (Duncanville, Tex.), Vol. 41, No. 31, Ed. 1 Thursday, November 16, 2006, newspaper, November 16, 2006; Duncanville, Texas. (https://texashistory.unt.edu/ark:/67531/metapth623950/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Zula B. Wylie Memorial Library.