TEXAS
I'm trying to wrap my head around all of this from a legal standpoint. Tactics and/or strategy isn't my focus at this point.
There's plenty of details so I'll try to limit myself to the relevant ones. Thanks in advance for any knowledge you share and I'd be happy to answer questions and share my experience.
My ex filed for divorce almost five years ago and it took two years to get a signed Final Decree.
At one point during the divorce, my ex had fired her SECOND attorney and didn't show up to court. The judge continued the hearing and we were scheduled back in court a couple of weeks later. At the following hearing, my ex made it to the courthouse but never appeared in the courtroom and the judge waited fifteen minutes before pronouncing a default judgement. I got the house, the kids, the car and everything.
It's important to point out that the default judgement was never written and never entered as the final judgement.
My ex managed to find her third attorney and six weeks later he filed a Bill of Review, Motion for New Trial and Request for De Novo -- all on the same day. I suspect that my ex wasn't able to explain the status of her case and he filed all of those things to be sure he had all of his bases covered.
The judge granted a new trial and it was held the following month. Both the ex and her THIRD attorney participated. Several months later, the Judge called another hearing to pronounce his judgement and the ex and her attorney were present. Again, I got the house, the kids, the car, etc. Ten days later the Judge died.
A couple of months after the judgement was rendered, the ex's attorney and mine couldn't agree on the wording of the Decree and we attended an Entry of Judgement hearing in front of another judge. This judge ordered that the ex's attorney obtain the transcript from the deceased judge's ruling and the Entry of Judgement was re-scheduled for the following month.
At the second Entry of Judgement hearing, the ex's attorney made some objections to some wording in the decree but we were able to demonstrate that it was consistent with the transcript from the deceased judge's ruling and the judge signed the decree.
Its worth noting here that I didn't sign the decree, and neither attorney signed the decree. Only the judge signed the decree and an attorney from the Texas OAG.
It's also worth noting here that there's no record of the Entry of Judgement hearings and there's no record of the decree having been sent to the ex or her attorney after it was stamped by the court clerk.
Six months after the decree was signed, my ex retained attorney number FOUR and petitioned the court for a Custody Modification that hasn't gone well for her. For various reasons, a subsequent Custody Evaluation recommended Sole Managing Conservator ship for me with Supervised Visitation for my her. Things had gone from bad to worse for my ex.
There has been Temporary Orders as a part of the Custody Modification, but no Final Orders. The Custody Modification case has remained open.
Nearly a year-and-a-half after the original Bill of Review was filed, nearly a year after a full trail on the merits, more than a half-year since the Final Decree of Divorce was entered, more than a couple months after the Custody Modification was filed, the ex retained attorney number FIVE who served me with an Amended Petition for Bill of Review -- the same cause number as the original Petition for Bill of Review and citing substantially similar claims.
A trail was held and judge just granted the Bill of Review.
I don't believe that my ex established meritorious defense as required to prevail in a Bill of Review and I think the judge may have incorrectly applied case law where meritorious defense isn't required for a Bill of Review where improper service occurred. I also think that my ex had effective notice of the judgement having been entered and she was negligent in pursuing available remedies. Her attorney was present at the Entry of Judgement when the judge signed the Final Decree of Divorce -- although he wouldn't admit it in his testimony.
Can a Bill of Review filed BEFORE any judgement had been entered be amended and served AFTER a trail on the merits and Entry of Judgement and prevail without establishing Meritorious Defense due to improper service of the Entry of Judgement?
I'm trying to wrap my head around all of this from a legal standpoint. Tactics and/or strategy isn't my focus at this point.
There's plenty of details so I'll try to limit myself to the relevant ones. Thanks in advance for any knowledge you share and I'd be happy to answer questions and share my experience.
My ex filed for divorce almost five years ago and it took two years to get a signed Final Decree.
At one point during the divorce, my ex had fired her SECOND attorney and didn't show up to court. The judge continued the hearing and we were scheduled back in court a couple of weeks later. At the following hearing, my ex made it to the courthouse but never appeared in the courtroom and the judge waited fifteen minutes before pronouncing a default judgement. I got the house, the kids, the car and everything.
It's important to point out that the default judgement was never written and never entered as the final judgement.
My ex managed to find her third attorney and six weeks later he filed a Bill of Review, Motion for New Trial and Request for De Novo -- all on the same day. I suspect that my ex wasn't able to explain the status of her case and he filed all of those things to be sure he had all of his bases covered.
The judge granted a new trial and it was held the following month. Both the ex and her THIRD attorney participated. Several months later, the Judge called another hearing to pronounce his judgement and the ex and her attorney were present. Again, I got the house, the kids, the car, etc. Ten days later the Judge died.
A couple of months after the judgement was rendered, the ex's attorney and mine couldn't agree on the wording of the Decree and we attended an Entry of Judgement hearing in front of another judge. This judge ordered that the ex's attorney obtain the transcript from the deceased judge's ruling and the Entry of Judgement was re-scheduled for the following month.
At the second Entry of Judgement hearing, the ex's attorney made some objections to some wording in the decree but we were able to demonstrate that it was consistent with the transcript from the deceased judge's ruling and the judge signed the decree.
Its worth noting here that I didn't sign the decree, and neither attorney signed the decree. Only the judge signed the decree and an attorney from the Texas OAG.
It's also worth noting here that there's no record of the Entry of Judgement hearings and there's no record of the decree having been sent to the ex or her attorney after it was stamped by the court clerk.
Six months after the decree was signed, my ex retained attorney number FOUR and petitioned the court for a Custody Modification that hasn't gone well for her. For various reasons, a subsequent Custody Evaluation recommended Sole Managing Conservator ship for me with Supervised Visitation for my her. Things had gone from bad to worse for my ex.
There has been Temporary Orders as a part of the Custody Modification, but no Final Orders. The Custody Modification case has remained open.
Nearly a year-and-a-half after the original Bill of Review was filed, nearly a year after a full trail on the merits, more than a half-year since the Final Decree of Divorce was entered, more than a couple months after the Custody Modification was filed, the ex retained attorney number FIVE who served me with an Amended Petition for Bill of Review -- the same cause number as the original Petition for Bill of Review and citing substantially similar claims.
A trail was held and judge just granted the Bill of Review.
I don't believe that my ex established meritorious defense as required to prevail in a Bill of Review and I think the judge may have incorrectly applied case law where meritorious defense isn't required for a Bill of Review where improper service occurred. I also think that my ex had effective notice of the judgement having been entered and she was negligent in pursuing available remedies. Her attorney was present at the Entry of Judgement when the judge signed the Final Decree of Divorce -- although he wouldn't admit it in his testimony.
Can a Bill of Review filed BEFORE any judgement had been entered be amended and served AFTER a trail on the merits and Entry of Judgement and prevail without establishing Meritorious Defense due to improper service of the Entry of Judgement?
