Alper Uzmezler v. Ekim Stevens
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledAugust 28, 2026
Docket03-24-00513-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-24-00513-CV
Alper Uzmezler, Appellant
v.
Ekim Stevens, Appellee
FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-FM-21-005611, THE HONORABLE JESSICA MANGRUM, JUDGE PRESIDING
MEMORANDUM OPINION
In this divorce case, appellant Alper Uzmezler challenges the trial court’s
property division, asserting that the trial court erred in its valuation of a community-property
business. For the reasons explained below, we affirm.
BACKGROUND
Appellee Ekim Stevens and Uzmezler were married on June 28, 2010. The
parties had one child during the marriage.
In September 2021, Stevens petitioned for divorce on the grounds of
insupportability, cruelty, and adultery; in her live petition, she amended the grounds to be
insupportability because of discord or conflict of personalities and adultery. Uzmezler
counterpetitioned for divorce on the grounds of insupportability, cruelty, and discord or conflict
of personalities. Stevens sought a disproportionate share of the parties’ community estate for the
following reasons: (a) Uzmezler’s fault in the marriage’s breakup; (b) Stevens’s being “the
spouse to whom conservatorship of the child is granted”; (c) needs and expenses of the child of
the marriage; (d) community indebtedness and liabilities; (e) nature of the property involved in
the division; (f) wasting of community assets; and (g) attorneys’ fees to be paid.
They resolved all issues of conservatorship and possession and access in a partial
mediated settlement agreement before the trial and reserved the issue of Uzmezler’s
child-support obligation for trial. During the two-day bench trial, the parties submitted the issues
of child support, characterization and valuation of property, and division of the community estate
to the trial court.
The court heard testimony from the parties, each of their business-valuation
experts, and their companies’ CPA. The parties owned and operated two businesses during the
marriage: BAS Services and Graphics, LLC (BASSG) and Anka Labs, Inc. Both businesses are
in the smart-building industry. The parties and the experts testified that the two companies were
treated as one company in the way that they were run.
BASSG was formed in 2008 before the parties married. Uzmezler and Stevens
were the only two members of the company when it was formed. Uzmezler has a 75%
membership interest, and Stevens has a 25% membership interest. BASSG is a company that
provides building-automation systems, services, energy-management products, hardware, and 3D
animated graphics for the building industry. Both parties worked for BASSG. Uzmezler is a
software developer, and he holds various certifications related to building-automation systems.
Stevens did accounting, modeled 3D floor plans, managed customer communications, and
performed project management, sales, and administrative work.
2
Anka Labs was formed in January 2017. Uzmezler is the only shareholder of that
corporation. Anka Labs sells AnkaStack software to building managers who want to monitor
and control equipment made by different manufacturers from a single dashboard. AnkaStack
relies on Project Sandstar technology, an open-source software platform that was created by
Uzmezler. The Project Sandstar technology can be housed in small, inexpensive, open-source
hardware boxes attached to the different manufacturers’ physical building equipment. The
Project Sandstar technology can effectively translate the proprietary machine languages of the
different manufacturers into a universal language that the AnkaStack website understands. To
protect Anka Labs’ proprietary technology from larger firms, Uzmezler applied for and obtained
a patent for Edge Analytics Control Devices and Methods. The goal is for hardware
manufacturers to change how they build their hardware and pre-install Sandstar on their
equipment so that the equipment could be run on a single website dashboard without needing a
separate hardware box attached.
Anka Labs also has a library of 9,600 non-fungible tokens (NFTs) that were
valued at .1 ETH (which was equivalent to $1,900 at the time of trial). 1 Uzmezler started the
creation of the NFT library to crowdfund the company. He testified that he wanted to get some
outside investment into Anka Labs so that he could pay BASSG for the investment it made in
R&D for the Anka Labs products.
1
ETH is the native digital currency used to pay for transactions and services on
Ethereum, which is a global, decentralized computer network based on blockchain technology.
Instead of having a central bank, Ethereum uses a shared secure ledger to record transactions and
run automated digital agreements called smart contracts. NFTs are unique digital assets created
and traded on this network using these contracts. Thus, the value of Anka Labs’ NFT library is
tied to the market price of Ethereum’s native cryptocurrency, ETH.
3
Both parties hired experts to value the businesses, and both experts testified at
trial about the businesses’ value. In addition, the companies’ CPA, Richard Schwartz, testified at
trial. Schwartz testified that he had been both companies’ CPA since their formation and that he
submits their business taxes each year, as well as the parties’ personal taxes. He testified that he
does not have expertise in valuing a business. He testified in general terms to the companies’
past profit and loss, and he stated that “for tax purposes, everything was paid out of one
company.” He further explained that “it was BAS[SG] who basically incurred all the expenses
for the software development. And if the software failed, did not work, it would be BAS[SG]
that absorbed all the losses on it.”
Michael Benaglio, Stevens’s valuation expert, explained that there are three
approaches that may be used to evaluate a business: the asset approach, the market approach, and
the income approach. Benaglio considered all three approaches but primarily used the asset and
income approaches. He further explained that within each approach, there are multiple
methodologies that may be used. Because the biggest asset of these companies is the intangible
asset of intellectual property (IP), Benaglio focused on it in his analysis. In his report, Benaglio
explains that “[i]ntellectual capital is recognized as the most important asset of many of the
world’s largest and most powerful companies; it is the foundation for market dominance and
continuing profitability of leading corporations”; “[i]t is often the key objective in mergers and
acquisitions”; and “[o]ne of the key factors affecting a company’s success or failure is the degree
to which it exploits intellectual capital and values risk.” Benaglio testified that Anka Labs was
the software-developing part of the two businesses. BASSG brought in consulting income of a
little over $1 million per year, and it would be the arm selling and receiving the funds for the
4
software being developed, even though Anka Labs owned the software. Benaglio valued
BASSG at $1,050,000, and he valued Anka Labs at $1.5 million.
Erin Buck, Uzmezler’s valuation expert, testified that she used the income
approach, applying a discounted cash-flow method, and the market approach, applying a
transaction method. She testified that she did not feel the asset approach “presented the highest
and best value for the companies.” Under the income approach, her total valuation of the
businesses as a whole was approximately $307,000. Under the market approach, her total
valuation of the businesses as a whole was approximately $345,000. Her average of the two
was $326,000.
At the close of the trial in December 2023, the trial court granted the divorce and
confirmed the final partial mediated settlement agreement on the record. On May 23, 2024, the
trial court signed the final divorce decree. The terms of the mediated settlement agreement were
included in the decree. 2
In the decree, the trial court awarded all cash accounts and debts associated with
BASSG to Uzmezler. 3 Concerning Anka Labs, the trial court found “that this decree is a
partition of the community property of the parties” and that “[b]ecause of the nature of the
properties making up the estate, the property cannot be divided in a just and right manner
2
The parties agreed in the mediated settlement agreement that the divorce would be
granted only on the grounds of insupportability, but Stevens’s counsel argued that her pleading
and proof of infidelity supported her request for a disproportionate share of the
community estate.
3
In its February 2024 letter ruling, the trial court stated that it confirmed the parties’
separate-property interest in BASSG of 25% to Stevens and 75% to Uzmezler. It further found
that the BASSG debts and assets had been commingled to constitute community property and
awarded to Uzmezler and made him responsible for all cash accounts and debts associated with
the company.
5
without impairing the value of all portions.” The trial court found that Anka Labs had a
community-property value of $1.5 million. The trial court awarded the parties’ interest in Anka
Labs to Uzmezler and ordered that he pay $750,000 to Stevens to compensate her for her
interest. To accomplish this payment, the trial court ordered a judgment in favor of Stevens
against Uzmezler in the amount of $750,000, with 6% interest, to be paid on the following
schedule: $150,000 to be paid on or before September 1, 2024, with the remaining balance of
$600,000 to be paid over a period of 60 months. The court secured the judgment to equalize the
community estate with an owelty lien on the home awarded to Uzmezler and ordered Uzmezler
to sign a real-estate-lien note with the terms of the payout included. The trial court also divided
the remainder of the community estate. Uzmezler did not request findings of fact and
conclusions of law.
This appeal followed.
ANALYSIS
Uzmezler contends that the trial court abused its discretion when it determined
that the value of Anka Labs was $1.5 million based on Benaglio’s valuation. 4 Stevens responds
4
Although Uzmezler identifies six issues in the “Issues Presented” section of his brief,
within the body of his brief he argues only that the trial court abused its discretion when it
determined that the value of Anka Labs was $1.5 million, which is his sixth issue. In the other
five issues presented, Uzmezler asserts that the trial court abused its discretion because it lacked
sufficient evidence to support the following portions of the decree: (1) its characterization, value,
and division of the marital property (including community and separate property); (2) its order
that Uzmezler must buy out Stevens’s 50% community-property interest in Anka Labs based on
Benaglio’s $1.5 million valuation of the company; (3) its order that Uzmezler must pay Stevens
$750,000, in accordance with terms of closing documents provided for in the decree, with
interest at 6% per year compounded annually from the date of judgment for which execution
shall issue; (4) its order that Uzmezler sign a real-estate-lien note for $750,000 payable to
Stevens under the terms specified in the decree, including a $150,000 payment due by
September 1, 2024, and subsequent monthly installments of $11,598.88; and (5) its order that
6
that the trial court did not abuse the broad discretion it has to divide the community estate by
assigning a value to Anka Labs that was within the range of the evidence presented by the
competing experts.
I. The Trial Court Has Broad Discretion Over Property Division
In a divorce decree, the trial court “shall order a division of the estate of the
parties in a manner that the court deems just and right, having due regard for the rights of each
party and any children of the marriage.” Tex. Fam. Code § 7.001; see Bradshaw v. Bradshaw,
555 S.W.3d 539, 543 (Tex. 2018) (defining “just,” “right,” and “due regard” and describing
abuse-of-discretion standard for reviewing trial court’s division of marital estate). The property
division should be equitable, but “just and right” division does not require a trial court to divide
the community estate into equal shares. See Murff v. Murff, 615 S.W.2d 696, 698-99 (Tex.
1981); Cyree v. Cyree, No. 03-21-00319-CV, 2022 WL 17835215, at *3 (Tex. App.—Austin
Dec. 22, 2022, no pet.) (mem. op.). The trial court must have a reasonable basis for an unequal
division. O’Carolan v. Hopper (O’Carolan I), 71 S.W.3d 529, 532 (Tex. App.—Austin 2002,
no pet.). “To constitute an abuse of discretion, the property division must be manifestly unfair.”
Id. (citing Mann v. Mann, 607 S.W.2d 243, 245 (Tex. 1980)).
Uzmezler sign an owelty-lien deed of trust to secure the real-estate-lien note, sign a promissory
note for the $600,00 remaining balance of the buy-out of Stevens’s interest in Anka Labs, and
sign a security agreement with collateral pledge and appointment of escrow agent. Stevens
responds that Uzmezler waived these issues concerning the specific terms of Uzmezler’s buy-out
of Stevens’s community-property interest in Anka Labs because of his failure to provide legal or
factual citations or argument on those issues. Because the first five issues Uzmezler identifies all
depend upon a conclusion that the trial court abused its discretion by valuing Anka Labs at $1.5
million and because Uzmezler does not provide argument with appropriate citations to
authorities and the record for each of those issues within the body of the brief, we address only
the central issue of whether the trial court abused its discretion by valuing Anka Labs at $1.5
million. See Tex. R. App. P. 47.1.
7
A trial court may consider numerous factors when exercising its broad discretion
to divide the marital property, including the parties’ relative earning capacity and business
opportunities, relative financial condition and obligations, education, the nature of the property,
the size of the separate estates, and the probable need for future support. Murff, 615 S.W.2d at
699. The trial court has the opportunity to observe the parties and other witnesses, determine
credibility, and evaluate the parties’ needs and potentials. Id. at 700. “The court may also, in
making a disproportionate division, consider the conduct of the errant spouse,” e.g., Chafino
v. Chafino, 228 S.W.3d 467, 473 (Tex. App.—El Paso 2007, no pet.); Mohindra v. Mohindra,
No. 14-06-00056-CV, 2007 WL 3072057, at *2 (Tex. App.—Houston [14th Dist.] Oct. 23, 2007,
no pet.) (mem. op.), and the wasting of community assets, see, e.g., Schlueter v. Schlueter,
975 S.W.2d 584, 589 (Tex. 1998) (explaining that court may consider wrongful depletion of
community assets when dividing estate). “The circumstances of each marriage dictate what
factors should be considered in division of the marital estate.” Cyree, 2022 WL 17835215, at *3
(quoting Roberts v. Roberts, 531 S.W.3d 224, 232 (Tex. App.—San Antonio 2017, pet. denied)).
“Mathematical precision in dividing property in a divorce is usually not possible. Wide latitude
and discretion rests in these trial courts and that discretion should only be disturbed in the case of
clear abuse.” Murff, 615 S.W.2d at 700.
II. Abuse-of-Discretion Standard of Review
The appellant bears the burden “to show from the record that the division was so
disproportionate, and thus unfair, that it constitutes an abuse of discretion.” O’Carolan
v. Hopper (O’Carolan II), 414 S.W.3d 288, 311 (Tex. App.—Austin 2013, no pet.). In this
context, the abuse-of-discretion standard overlaps with traditional standards for reviewing the
8
sufficiency of the evidence. Zeifman v. Michels, 212 S.W.3d 582, 587 (Tex. App.—Austin 2006,
pet. denied). In reviewing the trial court’s property division, we must consider (1) whether the
trial court had sufficient information upon which to exercise its discretion and (2) whether the
trial court abused its discretion by dividing the property in a manner that is manifestly unjust and
unfair. Horgan v. Horgan, 727 S.W.3d 262, 271 (Tex. App.—Houston [14th Dist.] 2025, no
pet.). The legal and factual sufficiency of the evidence are not independent grounds of error but
are merely relevant factors in assessing whether the trial court had sufficient information upon
which to exercise its discretion, which we answer using traditional sufficiency standards of
review. Kazmi v. Kazmi, 693 S.W.3d 556, 566 (Tex. App.—Austin 2023, pet. denied).5
We are to resolve every reasonable presumption in favor of a proper exercise of
discretion of the trial court in dividing the parties’ property. Willis v. Willis, 533 S.W.3d 547,
551 (Tex. App.—Houston [14th Dist.] 2017, no pet.). The trier of fact “is the sole judge of the
5
In reviewing the legal sufficiency of the evidence, the court must consider evidence in
the light most favorable to the verdict; it must credit favorable evidence if reasonable factfinders
could do so and disregard contrary evidence unless reasonable factfinders could not do so. City
of Keller v. Wilson, 168 S.W.3d 802, 822 (Tex. 2005). “The final test for legal sufficiency must
always be whether the evidence at trial would enable reasonable and fair-minded people to reach
the verdict under review.” Id. at 827. A legal-sufficiency challenge will be sustained only if
(1) there is a complete absence of evidence of a vital fact; (2) the court is barred by the rules of
law or evidence from giving weight to the only evidence offered to prove a vital fact; (3) the
evidence offered to prove a vital fact is no more than a scintilla; or (4) the evidence conclusively
establishes the opposite of a vital fact. Marathon Corp. v. Pitzner, 106 S.W.3d 724, 727 (Tex.
2003). More than a scintilla of evidence exists when the evidence rises to a level that would
enable reasonable and fair-minded people to differ in their conclusions. Ford Motor Co.
v. Ridgway, 135 S.W.3d 598, 601 (Tex. 2004). Evidence does not exceed a scintilla if it is so
weak as to do no more than to create a mere surmise or suspicion that the fact exists. Id.
In reviewing a factual-sufficiency point, the court must weigh all of the evidence in the
record; findings may be overturned only if they are so against the great weight and
preponderance of the evidence as to be clearly wrong and unjust. Ortiz v. Jones, 917 S.W.2d
770, 772 (Tex. 1996) (per curiam). The court must clearly state why the finding is supported by
factually insufficient evidence or is so against the great weight and preponderance as to be
manifestly unjust. Id.
9
credibility of witnesses and the weight to be given to their testimony.” Golden Eagle Archery,
Inc. v. Jackson, 116 S.W.3d 757, 761 (Tex. 2003). We therefore “may not pass upon the
witnesses’ credibility or substitute our judgment for that of the fact finder, even if the evidence
would also support a different result.” 4922 Holdings, LLC v. Rivera, 625 S.W.3d 316, 325
(Tex. App.—Houston [14th Dist.] 2021, pet. denied).
No findings of fact or conclusions of law were requested or filed; therefore, it is
implied that the trial court made all the findings necessary to support its judgment. Worford
v. Stamper, 801 S.W.2d 108, 109 (Tex. 1990) (per curiam).
III. The Trial Court Has Discretion to Assign Value Within the Range of Evidence
Uzmezler contends that the trial court abused its discretion by valuing the
community-property interest in Anka Labs at $1.5 million and in its overall division of the
community estate, asserting that there was no evidence or insufficient evidence to support the
valuation. Uzmezler argues, without reference to any legal authorities, that the trial court erred
in its valuation of Anka Labs by citing to his own testimony and Buck’s testimony to support his
contention that the trial court should not have relied on Benaglio’s valuation.
When considering conflicting expert testimony, it is the sole prerogative of the
factfinder to determine the weight and credibility of the witnesses, the obligation of the
respective advocates to persuade the factfinder, and “our obligation to see that the process was
fair and carried out according to the rules.” Welch v. McLean, 191 S.W.3d 147, 160 (Tex.
App.—Fort Worth 2005, no pet.) (quoting Cruz ex rel. Cruz v. Paso Del Norte Health Found.,
44 S.W.3d 622, 646 (Tex. App.—El Paso 2001, pet. denied)), overruled on other grounds by
Phillips v. Bramlett, 288 S.W.3d 876 (Tex. 2009).
10
Uzmezler raises four challenges to Benaglio’s valuation. First, he argues that
Buck’s income approach was more appropriate to use for valuing Anka Labs than Benaglio’s
asset approach. Second, he complains that Benaglio’s projected income for Anka Labs is
unsupported by sufficient evidence. Third, he asserts that the $900,000 in IP value for BASSG
that Benaglio added to its value, which was based on the value of the R&D costs it expended for
Anka Labs, should be counted against Anka Labs’ value; Uzmezler also argues that the R&D
costs were $237,000, not $900,000. Fourth, he argues that the NFT library should not be valued
at its retail price because so few NFTs had been sold at the time of the valuation.
A. Benaglio’s Use of the Asset Approach
Uzmezler primarily complains that the asset approach used by Benaglio was not
appropriate to use in this case. Instead, Uzmezler contends that Buck’s income approach was
more appropriate to use. Uzmezler is not complaining that Benaglio failed to express a basis for
his opinion or that the basis for his asset-approach valuation was contradicted by the facts.
Instead, he relies on Buck’s testimony to assert that Benaglio should have used different or
additional data. We conclude that Uzmezler’s complaint is about Benaglio’s underlying
methodology, technique, or foundational data—i.e., the reliability of his testimony—and absent
an objection at trial, Benaglio’s opinion may be considered probative evidence unless he
provides no basis for his opinion or the basis offered for his opinion does not support it. See,
e.g., Moore v. Moore, 383 S.W.3d 190, 198-99 (Tex. App.—Dallas 2012, pet. denied)
(explaining that generally, to preserve complaint that expert’s testimony is unreliable, and
specifically, to preserve a complaint “that the expert’s underlying methodology, technique, or
11
foundational data is not reliable,” party must object to expert’s testimony before trial or when it
is offered).
Here, Benaglio provided a factual basis for his opinion. He testified that his
analysis was based on the data he received, which included financial information, such as tax
returns, profit-and-loss statements, and asset lists. Because the biggest asset of these businesses
is the intangible asset of IP, he analyzed the R&D costs and opportunity for royalties. He
interviewed both parties (he was originally jointly hired by them) and reviewed their corporate
documents. After he completed his initial report valuing the companies as of August 31, 2022,
he prepared an updated report that included the Anka Labs’ NFT library and valued Anka Labs
as of November 3, 2023. We discuss Benaglio’s valuation of the NFT library in more
detail below.
Buck’s analysis does not establish that the basis for Benaglio’s asset-approach
valuation was contradicted by the facts. Buck did not consider the asset approach at all in her
analysis. Instead, Uzmezler relies on her testimony to assert that Benaglio should have used
different or additional data. Buck testified that Uzmezler provided her projections that she based
her report on but did not provide her with exact projection numbers, and neither party stated to
her what Anka Labs’ potential earnings are. In her report, she did not value the IP, the
commercial goodwill, or the personal goodwill of either party in connection with either of the
companies. Buck also did not review or value the NFT library created by Anka Labs. Buck
testified that it was outside the scope of her engagement to evaluate that asset, and when asked
whether the NFTs have value in addition to the IP that is not included, she responded, “I would
have to look at the NFT library in detail. I have not done that.” She was not aware that Anka
Labs was advertising crowdfunding through its website. She also testified that she did not
12
attribute any value to the patent owned and held by Anka Labs because she used the income
approach. Uzmezler’s reliance on Buck’s completely different approach to valuation does not
demonstrate that Benaglio did not express a basis for his opinion or that the basis he offered was
contradicted by the facts. Thus, we conclude that Uzmezler was required to object at trial to
Benaglio’s methodology to challenge his use of the asset approach. See id. at 200; see also
Graves v. Tomlinson, 329 S.W.3d 128, 146 (Tex. App.—Houston [14th Dist.] 2010, pet. denied)
(concluding that because party did not object to expert’s “valuation methodology before or
during trial, she cannot attack his methodology on appeal by way of a legal sufficiency challenge
predicated on asserted flaws in his methodology”).
We next turn to Uzmezler’s sufficiency challenges to specific items in
Benaglio’s valuation.
B. Benaglio’s Projected Income for Anka Labs
Uzmezler contends that insufficient evidence supports Benaglio’s projected
income for Anka Labs of $173,000 because Benaglio admitted in the past few years Anka Labs
has had negative income with very little revenue. Benaglio testified that he based the projected
income on information related to projected royalties that he received from Stevens, who handled
the companies’ bookkeeping, which we conclude is some evidence supporting his projection.
Moreover, Benaglio acknowledged that there is very little revenue now but explained that “the
anticipation [of future revenue] is what projections are all about during startups.” He further
noted that because Anka Labs is a startup, he used the IP value and the asset value and not an
income approach. He “did income on BASSG, but Anka is — right now, in my opinion, the
value is in the NFTs.” Thus, his valuation was based not on the projected income, but on the
13
NFT library, which was valued based on its then-current pricing at $1,673,133.12, and after
applying a lack-of-marketability discount of 10%, was given a total rounded value of
$1.5 million.
C. Benaglio’s Attribution of $900,000 of IP Value to BASSG
Uzmezler also contends that Benaglio’s $900,000 of IP value, funded by BASSG
and added to its value, “should be reflected as a negative” against Anka Labs’ value. Even
though he testified that BASSG funded the R&D costs for Anka Labs, he argues that the
$900,000 in value should not be counted as an account receivable for BASSG because there is no
documentation showing that BASSG will be paid for it. However, as Benaglio testified, “[i]f
BASSG is not using Anka Labs’ technology that they developed and paid for, then the IP value
would go to Anka Labs, just like [the] NFTs, as an asset . . . .” Benaglio used the R&D cost to
value the IP. We conclude that some evidence supports Benaglio’s attribution of the IP value
funded by BASSG to BASSG.
In addition, Uzmezler contends that the correct amount of R&D costs was
$383,000, which was reduced by several projects and jobs to reduce those costs to $227,000, and
he submitted an exhibit showing a breakdown of payments to various people that he attested
were R&D expenses. Benaglio, on the other hand, submitted a schedule with his report listing
the various assets, including the NFT library; their cost (totaling $900,500); and their market
value (totaling $4,460,633.12). Stevens testified that the asset sheet she provided to Benaglio as
support for the R&D costs in his report was an asset sheet she and Uzmezler had prepared
together for a presentation to a venture-capital firm, and emails between her and Uzmezler about
14
the assets were admitted into evidence as support for her testimony. We hold that the trial court
had sufficient evidence before it to conclude that Benaglio’s valuation of R&D costs was correct.
D. Benaglio’s Valuation of the NFT Library
Uzmezler asserts that the NFT library should not be valued at its retail price
because so few NFTs had been sold at the time of the valuation. When Uzmezler testified about
his creation of the NFT library, he stated that in part his purpose was to obtain outside
investment to repay BASSG for the investment it made in R&D. He attested that the R&D
amount was around $227,000. However, he also acknowledged that he was offering those NFT
images in exchange for 10% of the company, and he agreed that by his own designation of the
prices on the NFT library, about $1.5 million was 10% of the company.
Uzmezler’s complaint about Benaglio’s valuation is not a sufficiency complaint—
it is another methodology complaint. Uzmezler himself set the value for the NFTs. His
argument is that they should be valued using the income approach, not the asset approach. We
hold that the trial court had sufficient evidence before it to conclude that some evidence supports
Benaglio’s valuation of the NFT library.
“[W]hen conflicting evidence of value exists, a trial court is permitted to assign a
value within the range of evidence.” Moore, 383 S.W.3d at 200 (citing McIntyre v. McIntyre,
722 S.W.2d 533, 536 (Tex. App.—San Antonio 1986, no writ)). The trial court’s valuation of
Anka Labs at $1.5 million fell within the range of numbers provided by the expert testimony.
Even if the trial court concluded that there were flaws in both experts’ valuations and
assumptions, it was permitted to blend the evidence to arrive at its valuation. Id. Viewing all the
evidence in the record and implying all fact findings in favor of the verdict, we hold that the trial
15
court had legally and factually sufficient evidence before it that supported its ultimate valuation
of Anka Labs at $1.5 million.
CONCLUSION
Having held that the trial court did not abuse its discretion by valuing Anka Labs
at $1.5 million, we affirm.
__________________________________________
Gisela D. Triana, Justice
Before Justices Triana, Theofanis, and Crump
Affirmed
Filed: August 28, 2026
16