Christopher Ray Carpenter v. Catherine Carpenter

Summary

The Fourth Court of Appeals of Texas reversed a default divorce judgment and remanded for further proceedings. The court held that the appellant’s post-judgment motion was reviewable and that his uncontroverted affidavits satisfied the Craddock elements for setting aside the default judgment. The court concluded that the trial court abused its discretion by refusing to grant a new trial.

Holdings

1. Christopher did not waive review of the denial of his motion for new trial because he sought a hearing before the motion was overruled by operation of law and again while the trial court retained plenary power, giving the trial court an opportunity to rule on the merits.
2. Christopher satisfied all three Craddock elements, so the trial court abused its discretion by refusing to grant a new trial.

Questions Presented

1. Whether Christopher waived appellate review of the denial of his motion for new trial by failing to obtain an evidentiary hearing before the motion was overruled by operation of law.
2. Whether Christopher satisfied the Craddock requirements for setting aside the no-answer default judgment and obtaining a new trial.
3. Whether the evidence was insufficient to support the default judgment's property, support, visitation, injunction, and attorney's-fees provisions.
4. Whether the trial court abused its discretion by divesting Christopher of his equitable interest in the marital home in lieu of retroactive child support.

Disposition

reversed_and_remanded