Shirey v. Shirey

OPINION

DORSEY, Justice.

This is an appeal from a trial court’s refusal to grant a new trial after a default judgment in a divorce action. The decree of divorce appointed conservators of the parties’ two children, set child support, and *29divided the community property and debts of the parties.

Appellant alleges in his motion for new trial that his failure to appear or answer was induced by the fraud and deception of the appellee, his wife. At the hearing on the motion for new trial, he testified that he and appellee were living together when he was served with citation around the first of…