Austin v. Austin

PHILLIPS, Justice.

Appellee filed suit for divorce. Trial on the merits was before the court; however, as appellee was seriously ill, she did not appear at the trial. Her deposition had not been taken, nor were there any interrogatories nor requests for admissions.

The Honorable Jack Miller presided at the trial, and at the conclusion of the evidence and argument of counsel, announced in open court the manner in which the property was to be divided. The statement of facts does not show that the court orally stated “divorce granted”; however, the court’s docket sheet reveals that divorce was…