Kellus Joseph Bravo v. Corraima Bravo

Summary

The Texas Court of Appeals, Second Appellate District, affirmed a divorce decree appointing Corraima Bravo as sole managing conservator, denying Kellus Joseph Bravo possession and access to the children, and ordering him to pay child support and medical support. The court held that the decree was not a default judgment because Bravo was represented by counsel, and any complaint about inadequate trial notice was waived. Because Bravo did not obtain a reporter’s record, the court presumed sufficient evidence supported the conservatorship and child-support rulings.

Holdings

1. The decree was not a default judgment because Husband was represented by counsel at the final trial; a party's failure to appear personally does not create a default when the party's attorney appears and participates.
2. Any complaint about inadequate notice was waived because Husband's attorney appeared, announced ready, and proceeded to trial without objecting to the notice.
3. The appellate court could not review evidentiary-sufficiency or abuse-of-discretion complaints dependent on the trial evidence without a reporter's record; it therefore presumed that sufficient evidence supported the trial court's conservatorship, possession-and-access, and child-support rulings.

Questions Presented

1. Whether the trial court entered an impermissible post-answer default judgment after Husband allegedly received only four days' notice of the trial setting.
2. Whether the trial court erred by appointing Wife sole managing conservator and denying Husband possession and access without testimony or admitted exhibits.
3. Whether the trial court abused its discretion by ordering child support without evidence of Husband's income, resources, or ability to pay.

Disposition

affirmed