Default judgment terminology: substitute service | service by publication | return of citation | no answer default judgment | post-answer default judgment | motion to set aside default | motion to reinstate and motion for new trial after default | Craddock test | sufficiency of service | defect in service of citation | strict compliance | adequacy of service of process | entitlement to notice | due diligence | actual notice | not diligent How to attack and set aside default judgment by direct attack | collateral challenge | bill of review | restricted appeal | direct appeal | notice of signing of judgment | last known address | error on the face of the record | appellate time-line | plenary jurisdiction | post-judgement motions | grant of new trial after default judgment DEFAULT JUDGMENT APPEALS - CASELAW FROM THE FIRST AND FOURTEENTH COURT OF APPEALS (FAMILY COURT CASES) Default Judgments in Family Court Have Different Requirements - Prove-up Essential Unlike other civil cases in which a defaulting defendant is presumed to admit the petition’s allegations regarding liability and liquidated damages, the allegations in a divorce petition are not admitted by a defaulting defendant. Tex. Fam. Code Ann. § 6.701 (Vernon 2006); Wilson v. Wilson, 132 S.W.3d 533, 538 (Tex. App.—Houston [1st Dist.] 2004, pet. denied); see Sandone v. Miller-Sandone, 116 S.W.3d 204, 207 (Tex. App.—El Paso 2003, no pet.) (noting that divorce petition may not be taken as confessed if respondent does not file answer). Berkefelt v. Jackson (Tex.App.- Houston [1st Dist.] Oct. 9, 2008)(Bland) (SAPCR modification, default judgment set aside, defective service, service of citation) (defective service under Rule 106 Order for alternative substitute service) REVERSE TC JUDGMENT AND REMAND CASE TO TC FOR FURTHER PROCEEDINGS: Opinion by Justice Bland Before Justices Jennings, Hanks and Bland) 01-07-00526-CV Randall Earl Berkefelt v. Diane Lynne Jackson Appeal from 300th District Court of Brazoria County Trial Court Judge: Hon. K. Randal Hufstetler Parmer v. Hardcastle Parmer (Tex.App.- Houston [1st Dist.] Jul. 19, 2007)(Bland) (post-answer default judgement, family law case, divorce, paternity issue) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Justices Nuchia, Hanks and Bland 01-04-01225-CV Mark Anthony Parmer v. Helen Christine Hardcastle Parmer Appeal from 387th District Court of Fort Bend County (Hon. Robert J. Kern) Notice of appeal was given too late Alazov . Chmeleva (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(per curiam)(default divorce, alternative, service, notice of appeal untimely, no jurisdiction to entertain appeal) DISMISS APPEAL: Per Curiam Before Justices Taft, Hanks and Higley 01-06-00511-CV Andrei Almazov v. Marina Chmeleva Appeal from 310th District Court of Harris County (Hon. Lisa Millard) Vazquez v. Maria Vazquez (Tex.App.- Houston [14th Dist.] May 19, 2007)(Seymore) (default divorce decree, restricted appeal, family law, divorce, appeal from default judgment] AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Seymore Before Justices Frost, Seymore and Guzman 14-05-01257-CV Amadeo Vazquez v. Maria Vazquez Appeal from 300th District Court of Brazoria County (Judge K. Randall Hufstetler) Default Judgment in Suit Affecting the Parent Child Relationship (SAPCR) Affirmed Harris v. Burks (Tex.App.- Houston [1st Dist.] Jun. 21, 2007)(Radack)(SAPCR, default judgment affirmed) AFFIRM TC JUDGMENT: Opinion by Chief Justice Radack Before Chief Justice Radack, Justices Keyes and Higley 01-06-00128-CV William Francis Harris, Sr. v. Thyra Burks Appeal from 247th District Court of Harris County (Hon. Bonnie Hellums) |
| Default Judgments - Cases and Case Law from the Houston Courts of Appeals (Family Law Cases) Houston Opinions |
