Legal Opinion

In re E.M.V.

Court of Appeals of Texas

Decided May 7, 2010No. 05-09-00306-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

Opinion By

Justice O’NEILL.

This is a restricted appeal brought by appellant Jose Vargas. He contends the trial court erred by signing a default judgment granting a final divorce decree between him and his wife Eva, which divided property and determined custody of the couple’s child. We affirm-in part and reverse and remand in part.

Elements of a Restricted Appeal

As a threshold matter, we must determine whether appellant has satisfied the requirements of a restricted appeal. The four elements necessary for review of a restricted appeal are (1) notice filed within six months of the date of…

2Cases cited2 opinions

  1. Norman Communications v. Texas Eastman Co.Texas Supreme Court · 1997
  2. Wal-Mart Stores, Inc. v. GonzalezTexas Supreme Court · 1998

3Cited by3 opinions

  1. Lynch v. LynchCourt of Appeals of Texas · 2017
  2. Ex Parte Damon L. Walker, Texas Court of Appeals, 4th District (San Antonio)2019
  3. Texas Department of Public Safety v. Erica Kay Jackson, Texas Court of Appeals, 5th District (Dallas)2015

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