In re E.M.V.

Summary

The Texas Court of Appeals reviewed a restricted appeal from a default divorce judgment involving visitation and division of community property. The court held that the evidence sufficiently supported restrictions on the father's visitation but was legally insufficient to support the property division because the record contained no evidence of the properties' values. The judgment was affirmed in part, reversed as to the division of residential community property, and remanded.

Holdings

1. Vargas satisfied the requirements for a restricted appeal because he filed within six months, was a party, did not participate in the decision-making event resulting in judgment, and alleged error apparent on the face of the record.
2. The evidence was legally sufficient to support restricting Vargas's access to E.M.V. and requiring supervised visitation.
3. The property division was unsupported because the record contained no evidence of the properties' values; the trial court therefore abused its discretion, and the division of the residential community property had to be reversed and remanded.

Questions Presented

1. Whether Vargas satisfied the requirements for a restricted appeal.
2. Whether legally sufficient evidence supported the restriction of Vargas's visitation and access to E.M.V.
3. Whether legally sufficient evidence supported the trial court's division of the parties' community property.

Disposition

reversed_and_remanded