Davis v. Ross

OPINION

DRAUGHN, Justice.

This is an appeal from a default judgment rendered after appellant failed to answer or participate in the trial court below. The decisive issues on appeal are whether the trial court was authorized to render a default judgment granting grandparent access to a grandchild under the then existing Family Code, and whether there was sufficient evidence to support an award of custody of a grandchild to its grandparents. We conclude that despite appellant’s failure to answer, both of the above actions were improper, and we accordingly reverse and remand the cause for further…