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 Hous
ton Courts of Appeals (Family Law Cases)
Houston Opinions
Old Harris County Civil Courthouse
Houston Opinions
Caselaw Web Pages by
Topic and Practice Area

FEEDBACK
Email Webmaster
Comment on this Page

AVAILABLE SERVICES
(FOR ATTORNEYS)
(click links for email)
INTERNET SERVICES FOR LAWYERS
CIVIL LITIGATION SUPPORT
RESEARCH AND PARALEGAL E-SERVICES

PRACTICE AREA AND
LEGAL TOPICS PAGES
ADR in Family Courts
Amicus Attorney & Ad Litem
Attorney's Fees Awards
Animal Law Cases
Arbitration Case Law
Arbitration Confirmation Suits
Attorney Fee Litigation
Attorney Malpractice
Auto & Truck Accident Cases
Bill of Review Cases
Car Wreck Litigation
Child Support Cases
City of Houston Lawsuits
Commercial Lease Disputes
Commercial Real Estate Litigation
Consumer Law DTPA Litigation
Condemnation Suits
Constitutional Challenges
Construction Law Disputes
Contractors & Subcontractors
Contempt of Court
Contempt of Court (family law)
CPS DFPS Termination Suits
Credit Card Debt Suits
Default Judgments
Default Judgment in Family Court
Discovery Disputes
Divorce & Child Custody Suits
Division of Marital Property
Election Law Litigation
Eminent Domain Cases
Employment Litigation
Ethics and Recusal
Expunction Cases
Family Law Cases
Family Mediation ADR
Firefighter Litigation
Foreclosure
Foreign Judgments
Forum and Venue
Fraudulent Transfers (UFTA)
Government Entities
Grandparent Rights
Harris County Litigation
HCAD Appraisal Appeals
Health Care Coverage
Healthcare Liability Lawsuits
Homeowners in Court
Insurance Litigation
International Family Law
Juvenile Court Cases
Labor and Employment
Legal Malpractice
Breach of Lease Cases
Landlord-Tenant Disputes
Medical Coverage Lit
Medical Malpractice Suits
Modification SAPCR Suits
Official Immunity Cases
Paternity Parentage Actions
Post-Divorce Actions
Premises Liability Suits
Premises Liability-Crimes
Probate Court Cases
Product Liability
Property Tax Appraisal Appeals
and Tax Suits
Public Employment
Real Estate Litigation
Restaurant Litigation
Restricted Appeals
Sanctions Caselaw
SAPCR Modification
School Law Cases
School Districts in Court
Slip and Fall PI Lawsuits
Sovereign Immunity
Temporary Injunctions
Texas Tort Claims Act
Worker's Comp Appeals
Workplace Safety Injury
Venue Challenges
TEXAS CAUSES OF ACTION BLOG
HOUSTON CASE LAW BLOG
AUSTIN CASE LAW BLOG
11/1/09