Case Information
*-673 08/28/14 10:03:38 Orange County District Clerk scanned by: Elaine Cook
*-672 08/28/14 10:03:36 orange County District Clerk scanned by: Elaine Cook 08/28/14 10:03:39 Otcange County District Clerk Scanned by: Elaine Cook *-671 08/28/14 10:03:40 Orange County District Clerk Scanned by: Elaine Cook *-670 08/28/14 10:03:42 orange County District clerk scanned by: Elaine Cook *-668 08/28/14 10:03:43 orange County District Clerk scanned by: Elaine Cook
08/28/14 10:03:45 Orange County District Clerk Scanned by: Elaine Cook *-667 08/28/14 10:03:44 orange county District clerk scanned by: Elaine Cook *-665 08/28/14 10:03:46 -orange County District Clerk Scanned by: Elaine cook *-664 08/28/14 10:03:47 orange County District Clerk scanned by: Elaine Cook 08/28/14 10:03:49 orange County District Clerk scanned by: Elaine Cook 08/28/14 10:03:57 Orange County District Clerk Scanned by: Elaine Cook 08/28/14 10:03:51 Orange County District Clerk Scanned by: Elaine Cook *-663 TABLE OF CONTENTS I])ENTITY OF PARTIES AND COUNSEL *-662 08/28/14 10:03:52 orange County District Clerk scanned by: Elaine Cook INDEX OF AUTHORITIES *-660 08/28/14 10:03:55 orange County Districtclerk Scanned by: Elaine cook Certificate of Service .................. ..................................... .. 17 08/28/14 10:03:53 orange County District Clerk Scanned by: Elaine Cook Peck v. Peck, *-659 XI. 08/28/14 10:03:56 Orange County District Clerk Scanned by: Elaine Cook *-658 06/28/14 10:04:02 orange County District Clerk scanned by: Elaine Cook *-657 ‘os/2e/14 10:04:05 Orange County District Clerk scanned by: aiéine cook 08/28/14 10:03:59 Orange County District C1ei'k_ Scanned by: Elaine Cook
Statement of the Case *-656 Issues Presented 08/28/14 10:04:01 Orange County District clerk scanned by: Elaine cook Statement of Facts *-655 08/28/14 10:04:00 Orange County District Clerk scanned by: Elaine Cook that must be complied with in order to properly effectuate and document service on *-654 must be overturned. See Ins. Co. of State of Pa. v. Lejeune, 297 S.W.3d 254, 256 testimony was offered by Appellee O{eporter’s Record, vol. 3, p. 7:8-15, 8:4-8). invalid and the default judgment is void. Primate Constr., Inc. v. Silver, 884 08/28/14 10:04:04 Orange County District Clerk Scanned. by: Elaine Cook *-653 '08/28/14 10:04:09 Orange County District Clerk Scanned by: Elaine cook *-652 0 The default judgment is invalid and thus the trial court abused its '08/28/14 10:04:06 orange'Count:y District Clerk Scanned by: Elaine Cook I08/28/14 10:04:08 Orange County District Clerk scanned by: Elaine cook undescribed documents at the dwelling with someone over the age of 60. (R. 16.) denied), the pleadings still must place the other side on notice of the claim *-651 Page 2 of 2 08/28/14 10:04:10 orange County District Clerk Scanned by: Elaine Cook *-649 Certificate of Service APPENDEX *-644 172 S.W.3d 26, 25 (Tex. App.—Dallas, 2005, pet. denied) ................ ..13 *-638 Tex. R. Civ. 1’. 107 *-635 Identity of Parties and Counsel ............................................... ..1 *-631 Page Pursuant to the Texas Rule of Appellate Procedure 38.l(a), Appellant, Corey *-630 This appeal arises from divorce litigation initiated by Celia Clanton Roberts Cases Certificate of Compliance .................................................... ..17 *-629 XII. *-628 This appeal arises fiom divorce litigation initiated by Celia Clanton Roberts *-627 Under the Texas Rules of Civil Procedure, does a trial court commit *-626 STATE OF TEXAS *-624 a respondent. This rule specifically lays out the contents of the return of service The court denied Appellant’s relief requested on the same date. (R. at 53.) S.W.2d 151, 152 (Tex. l994)(per curiam). It is the responsibility of the one *-622 (Tex.2009). involved. Halla, at *2. Finally, no where in the return or related affidavit is the address for the § *-621 discretion by denying Appellant’s request to set aside the order; and Tex. R. Civ. 1’. 107 *-620 Tex. R. Civ. R 301 *-619 I certify that a true copy of the foregoing with attached appendix was served Tex. R. Civ. I’. 239 *-618 NOTICE: THIS DOCUMENT The Court fimher finds that, at the time this suit was filed, Petitioner had been a Final Decree of Divorce. *-617 Parenting Plan *-616 ['1' IS ORDERED that the notice must include a description of the offense *-615 the right to consent to medical, dental, and surgical treatment during an IT IS ORDERED that, during his periods of possession, COREY L. ROBERTS, as a 8. occurs, as appropriate. *-614 Primate Corzstr., Inc. v. Silver, IT IS FURTHER ORDERED that each period of possession that is *-613 , on the _day of Passport Provisions *-612 County, State of reversible error by granting a default judgment when the record clearly Executed in *-611 , *-610 Designation of Competent Adult — IT IS ORDERED that CELIA three hundred ninety-one dollars and sixty-four cents ($391.64) due and payable on the 1“ *-609 . Termination of Orders 5. 6. this decree, the balance due remains an obligation of COREY L. ROBERTS, and it is hereby *-608 CONTAINS SENSITIVE DATA Health Care *-607 during COREY L. ROBERTS‘s periods of possession of or access to the children, as prescribed *-606 Provision of Health-Care Coverage - *-605 emergency involving an immediate danger to the health and safety of the children; and "Reasonable and necessary health-care expenses not paid by insurance and incun'ed by or Table of Contents .......... .L ......................... ........................ ..2 4‘ that is the basis of the person's requirement to register as a sex offender or of the offense with fixmish to the other party all forms, receipts, bills, statements, and explanations of benefits
*-604 mutually agreed to by COREY L. ROBERTS and CELIA CLANTON ROBERTS II. Division qfMarit'uI Estate *-602 Division of Debt ORDER AND THE OFFICER‘S AGENCY ARE ENTITLED TO THE APPLICABLE Information Regarding Parties This document is current through February 4, 2015 SUFFICIENT TIME TO PROVIDE 60-DAY NOTICE, Tl-[E PARTY IS ORDERED TO GIVE *-601 Barker CATV Constr., Inc. v. Ampro, Inc., L. Roberts, provides the following complete list of all parties and counsel to the *-600 This document is current through February 4, 2015 (“Appellee”) on May 16, 2014. (R. at 5) Among other things, in her petition, CLANT ON ROBERTS may designate any competent adult to pick up and return This document is current through February 4, 2015 Appendix ................................................................. . .... ..A-1 *-599 884 S.W.2d 151 (Tex. 1994)(per curiam) ................................... ..10 Property to Wife Permanent Injunctions as to Persons XIII. *-598 provision is made in this decree to the oomrary. domiciliary of Texas for the preceding six—month period and a resident of the county in which COUNTY OF HARRIS *-597 Treatment/Allocation of Communny' Income for Year of Divorce Clanfving. Orders (“Appellee”) on May 16, 2014. (Record at 5.) Appellant, Corey L. Roberts, *-596 The Court finds that the provisions in this decree relating to the rights and duties of the shows failure to strictly comply with the rules regarding service? *-595 which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE (i.e. the person served, a description of what was served), the information that must *-594 On November 21, 2014, Appellant filed notice of this appeal. (R. at 56.) *-593 A trial court’s rulings on conservatorship and possession are reviewed for The return of service was not on file for ten days as required under parent possessory conservator, shall have the following rights and duties: requesting service to see that service is properly accomplished. Laidlaw Waste must be in writing, state the date which the mutual agreement was made, state the IT IS ORDERED that CE-LIA CLANTON ROBERTS has the sole and exclusive right *-592 § *-591 process server provided. (R. 15-16.) 0 The trial court abused its discretion by naming Appellee sole *-589 in accordance with Rule 9.5 of the Texas Rules of Appellate Procedure on each The provisions of this decree relating to conservatorship, possession, or access ORDERED that COREY L. ROBERTS pay the balance due directly to the state disbursement day of each month thereal"ter until the next occurrence of one of the events specified above for the child, as applicable. IT IS FURTHER ORDERED that COREY L. *-588 IT IS ORDERED that CELIA CLANT ON ROBERTS and COREY L. ROBERTS Texas Rule of Civil Procedure *-587 in this decree, for food, clothing, gifis, travel, shelter, or entertainment are deemed in addition to *-586 NO. C-l4l_),473-D r 1. 989 S.W.2d 789 (Tex. App.—-Houston [1stDist.] 1999, no pet.) ....... ..10 *-585 COREY L. ROBERTS is ORDERED to apply, within 30 days after entry of this order, the tight to manage the estates of the children to the extent the estates have been PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO on behalf of a child" include, without limitation, any copayments for ofiice visits or prescription *-584 reflecting the uninsured portion of the health-care expenses within thirty days afier he or she *-583 beginning date and time of COREY L. ROBERTS’ period of possession, state the The Court finds that the following is a just and right division of the parties’ marital estate, *-582 Debts to Husband IMMUNITY AGAINST ANY CLAIM, CIVI.L OR OTHERWISE, REGARDING THE The infon-nation required for each party by section lO5,006(a) of the Texas Family Code NOTICE OF THE CHANGE ON OR BEFORE THE FIFTH DAY AFTER THE DATE THAT *-580 Texas Court Rules > STATE RULES > TEXAS RULES OF CIVIL PROCEDURE > PART II. *-579 Texas Court Rules > STATE RULES > TEXAS RULES OF CIVIL PROCEDURE > PART II. ROBERTS is prohibited fi'om designated a competent adult to pick up and return IT IS ORDERED AND DECREED that the wife, CELIA CLANT ON ROBERTS, is "(Year) (Month) *-578 Texas Court Rules > STATE RULES > TEXAS RULES OF CIVIL PROCEDURE > PART II. The Court finds that, because of the conduct of COREY L. ROBERTS, a permanent Rule l07(h) of the Texas Rules of Civil Procedure. IT IS ORDERED AND DECREED tint, for the calendar year 2014, each party shall file *-577 this suit was filed for the preceding ninety-day period. All persons entitled to citation were EEC; ' *-575 parties with relation to the children, possession of and access to the children, child support, and Without affecting the finality of this Final Decree of Divorce, this Court expressly Index of Authorities ............................................................. ..4 *-574 PROVIDE THIS NOTICE. created by the parent or the parent's family. *-573 III. theiduty of care, control, protection, and reasonable discipline of the children; ending date and time of COREY L. ROBERTS’ period of possession, and be *-572 to apply for a passport for the children, COREY SEBASTIAN ROBERTS and LILY MARIE *-571 trial court’s judgment being appealed: *-570 Under Texas law, does a trial court abuse its discretion by finding and ruling Appellee pled for the parties to be named joint managing conservators of their two *-569 terminate on the remarriage of CELIA CLANTON ROBERTS to COREY L. ROBERTS *-568 Turner v. Turner, [7] the child, as applicable. IT IS FURTHER ORDERED that a conservator or a RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS > SECTION 5. Citation the other child‘ *-567 unit specified below. IN THE MATTER or (“Appellant”) was Respondent below. (R. at 5.) *-566 Before me, the undersigned authority appeared, Aaron B. Pickelner, known RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS > SECTION 11. Trial 0 Causes > shall each provide medical support for each child as set out in this order as additional child IN THE COUNTY CQURT AT gxw *-565 RULES OF PRACTICE IN DISTRICT AND COUNTY COURTS > SECTION 11. Trial 0 Causes > *-564 and not in lieu of the support ordered in this decree. be provided by a process server (i.e. his address), and imposes the procedure to be for coverage under a governmental medical assistance program or health plan for each child who *-563 Summary of the Argument receives them. The nonincurring pany is ORDERED to pay his or her share or percentage of the drugs, the yearly deductible, if any, and medical, surgical, prescription drug, mental health-care § Sys., Inc. v. Wallace, 944 S.W.2d 72, 75 (Tex.App.—Waco 1997, writ denied). *-562 having due regard for the rights of each party and the children of the maniage. abuse of discretion. T urner v. Turner, 47 S.W.3d 761, 763 (Tex.App.—Houston IT IS ORDERED AND DECREED that the husband, COREY L. ROBERTS, shall pay, signed by both parties. It was Appellee’s responsibility and burden to supply the court with proof *-561 Dec1a.rant" OFFICER'S GOOD FAITH ACTS PERFORMED IN THE SCOPE OF TI-IE OFFICER'S THE PARTY KNOWS OF T1-IE CHANGE. *-560 is as follows: managing conservator. *-559 party or that party's lead counsel Via e-service on February 23, 2015: *-558 gm \ A 5 awarded the following as her sole and separate property, and the husband is divested of all right, designated competent adult be prment when the child is picked up or returned. *-557 IT IS ORDERED AND DECREED that each party shall send to the othervparty, within Texas Rule of Civil Procedure 239 injunction against him should be granted as appropriate relief because there is no adequate *-556 an individual income tax return in accordance with the lntemal Revenue Code. THE MARRIAGE OF *-555 properly cited. that one party shall be sole managing conservator when no pleadings optimizing the development of a close and continuing relationship between each party and the reserves the right to make orders necessary to clarify and enforce this decree. *-554 lT IS ORDERED that, at all times, COREY L. ROBERTS, as a parent possessory Cain v. Cain, IT IS ORDERED that, at all times, COREY L. ROBERTS, as a parent possessory 47 S.W.3d 761, 763 (Tex.App.—Houst0n [1st Dist.] 2001, no pet.) ..... ..14 *-553 A. APPEARANCE AND PROCEDURE § *-552 » the duty to support the children, including providing the children with clothing, *-551 H. IUDGMENTS ROBERTS. *-550 A default judgment may only be obtained if the return of service has been on *-548 V *-547 unless a nonparent or agency has been appointed conservator of the childrenunder On this date the Court signed an income Withholding for Support. If the child is eighteen years of age and has not graduated from high school, IT IS *-546 support for as long as the Court may order CELIA CLANTON ROBERTS and COREY L. *-545 (1') Where citation is executed by an alternative method as authorized by Rule 106, proof of service shall be made in *-544 Statement of the Case .......................................................... ..6 *-543 Support gs Obligation of Estate is the subject of this suit. § *-542 ' services, dental, eye care, ophthalmological, and orthodontic charges. These reasonable and uninsured portion of the health-care expenses either by paying the healthvcare provider directly *-541 food, shelter, and medical and dental care not involving an invasive procedure; Progeny to Husband Name: CELIA CLANTON ROBERTS Undesignated Periods of Possession as a part of the di\n'sion of the estate of the parties, and shall indemnify and hold the wife and her *-540 2 3 No. 14-07-00114-CV, 2007 Tex. App. LEXIS 9276, Appellant: THE DUTY TO FURNISH TI-HS INFORMATION TO EACH OTHER PARTY, THE DUTIES IN ENFORCING TI-IE TERMS OF THE ORDER THAT RELATE TO CHILD Rule 1 7 Return of Service *-539 (c) included such a request, and the other party never received notice that sole children. (R. at 6.) Appellant, Corey L. Roberts, (“Appellant”) was Respondent *-538 to me to be the person whose name is subscribed below, who stated, under oath, *-537 On July 22, 2014, Appellee filed a Motion for Alternative Service which was Inability to Exercise Possession — Each conservator is ORDERED title, interest, and claim in and to that property: 3,; Q m .~.. *-536 remedy at law. IT IS ORDERED AND DECREED that for calendar year 2014, each party shall three days of its receipt, a copy of any correspondence from a creditor or taxing authority *-535 CELIA CLANTON ROBERTS *-534 Jury Relief Nor Granted children constitute the parenting plan established by the Court. followed whether serving by personal service or an alternative method. Id. *-533 The trial court abused its discretion by granting a default judgment against conservator, shall have the following rights: [1stDist.] 2001, no pet.). A court abuses its discretion if it fails to follow the law. This responsibility extends to assuring that service is properly reflected in the *-532 § conservator, shall have the following duties: *-531 that service was properly accomplished. There are multiple deviations from the "*"‘-”-3990 IT IS FURTHER ORDERED that COREY L. ROBERTS is prohibited fi'om applying *-530 Rule @ Judgment by Default the manner ordered by the court. Appellant further requests that the Court remand this case to the lower court for a *-529 Social Security number: Counsel for Appellee: *-527 ORDERED that COREY L. ROBERTS's obligation to pay child support to CELIA CLANT ON Texas Rule of Civil Procedure 301. chapter 153 of the Texas Family Code. Emit 2007 WL 4200638 at *4 (Tex.App.—Houston 14th, 2007, no pet.) ...... ..13 *-526 to give notice to the person in possession of the child on each occasion that the AND *-525 IT IS ORDERED that the provisions for child support in this decree shall be an ROBERTS to provide support for the child under sections l54.001 and 154.002 of the Texas Corey L. Roberts Rule .@ Judgments *-524 asiiiw §; st, g g conservatorship was at issue? *-523 Worford v. Stamper, When such health coverage is obtained, COREY L ROBERTS is ORDERED to *-522 § necessary health-care expenses do not include expenses for travel to and from the health-care IT IS ORDERED AND DECREED that the husband, COREY L. ROBERTS, is awarded *-521 or by reimbursing the incurring party for any advance payment exceeding the incurring pany's CELIA CLANTON ROBERTS shall have the right of possession of the the right to consent for the children to medical and dental care not involving an *-520 CUSTODY. ANY PERSON WHO KNOWINGLY PRESENTS FOR ENFORCEMENT AN property harmless from any failure to so discharge, these items: *-519 COURT, AND THE STATE CASE REGISTRY CONTINUES AS LONG AS ANY PERSON, Driver's license number: 15756492 Issuing state: Texas The officer or authorized person executing the citation must complete a return of service, The return may, but need *-518 file with the court’s clerk for ten days. TEX. R. CIV. P. 107. Rule l07(h) of the *-517 W-l. All household fiimiture, furnishings, fixtures, goods, art objects, collectibles, *-516 (a) conservator will be unable to exercise that conservatofs right of possession for The permanent injunction granted below shall be etfective immediately and shall be *-515 A jury was waived, and questions of fact and of law were submitted to the Court. concerning any potential liability of the other party. (g) The return and any document to which it is attached must be filed with the court and may be filed electronically COREY L. ROBERTS, indemnify and hold the other party and his or her property harmless from any tax liability *-514 Mr. Joe D. Alford IT IS ORDERED AND DECREED that all relief requested in this case and not expressly Issues Presented ................................................................. ..7 *-513 Conservatorsltip *-512 the right to receive infonnation from any other conservator of the children *-511 j; m§Q\ I; I. the duty to inform the other conservator of the children in a timely manner of *-510 invasive procedure; and 7705 Barton Rd. child at all other times not specifically designated in this Possession Order for for a passport for the children, COREY SEBASTIAN ROBERTS and LILY MARIE ROBERTS. *-509 7 I 26 West Wendy Lane, Orange, Texas 77630 13 below and was a resident of Michigan at all relevant times. R. at 5.) Current residence address: *-508 that he is above the age of twenty-one years, he is the attorney for Appellant, 801 S.W.2d 108 (Tex. 1990) ..................................................... ..14 *-507 granted on that same date (R. at 10, 14.) The return of service, filed on August 19, ROBERTS shall not temtinate but shall continue foras long as the child is enrolled- *-506 not. be endorsed on or attached to the citation. IT IS ORDERED that all payments shall be made through the state disbursement unit at Child Support obligation of the estate of COREY L. ROBERTS and shall not terminate on the death of COREY any specified period. *-505 A ,2 Family Code. Beginning on the day CELIA CLANTON ROBERTS and COREY L. \ *-504 :5‘ *-503 In this case, there are several defects in the return and associated affidavit Appellant when the return of service had not been on file the requisite ten day record. Id. “In contrast to thelusual rule that all presumptions will be made in
*-502 concerning the health, education, and welfare of the children; maintain the coverage in full force and elfect on each child who is the subject of this suit as long or by facsimile, if those methods of filing are available. *-501 provider or for nonprescription medication. § significant information concerning the health, education, and welfare of the children; and requisites of the procedural rules for service of process contained in her proof and COREY L. ROBERTS. See Worford v. Stamper, 801 S.W.2d 108, 109 (Tex. 1990); see also Ilzflv. Ilzfif share or percentage of the uninsured portion of the health-care expenses within thirty days afier *-500 following as his sole and separate property, and the wife is divested of all right, title, interest, properly noticed trial on the merits. *-499 H-1. All debts, charges, liabilities, and other obligations incurred solely by the husband ORDER THAT IS INVALID OR NO LONGER IN EFFECT COMIMITS AN OFFENSE THAT 105 S. Market Street BY VIRTUE OF THIS ORDEIL IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT Mailing address: 7126 West Wendy Lane, Orange, Texas 77630 *-498 The judgment of the court shall conform to the pleadings, the nature of the case proved and the verdict, if any, and shall *-497 Upon such call of the docket, or at any time after :1 defendant is required to answer, the plaintiff may in temi time take *-496 binding on COREY L. ROBERTS; on his agents, servants, employees, and attorneys; and on *-495 appliances, and equipment in the possession of the wife or subject to her sole control. Adrian, Michigan 49221 *7 Attorney's Fees *-494 Capitol Brick, Inc. v. Fleming Mfg. Co., AND rN THE INTEREST or associated with the reporting party's individual tax retum for that year unless the parties have < Divorce *-493 The Court, having considered the circumstances of the parents and of the children, ‘finds *-492 granted is denied. This is alfinal judgment, lbr which let execution and all writs and processes *-491 gs; § *-490 right to direct the moral and religious training of the children. IT IS ORDERED that CELIA CLANTON ROBERTS shall have the right to maintain *-489 The retum, together with any document to which it is attached, must include the following information: Texas Rules of Civil Procedure, specifically states “no default judgment shall be Home telephone number: *-488 (409) 553-4078 (b) *-487 be so framed as to give the party all the relief to which he may be entitled either in law or equity. Provided, that upon motion *-486 (h) No default judgment shall be granted in any cause until proof of service as provided by this rLle or by Rules 108 IT IS ORDERED that COREY L. ROBERTS is obligated to pay and shall pay to CELIA Written Notice — Written notice, including notice provided by *-485 judgment by default against such defendant if he has not previously filed an answer, and provided that return of service under chapter 25 of the Texas Education Code in an accredited secondary school 8. Texas Child Support Disbursement Unit, P.O. Box 659791, San Antonio, _Texas 78265-9791, and *-484 ]. ROBERTS's actual or potential obligation to support a child under sections 154.00] and 154.002 L. ROBERTS. Payments received for the benefit of the children, including payments from the COREY SEBASTIAN ROBERTS AND § ORANGE COUNTY, TEXAS Statement of Facts .............................................................. ..8 Orange, Texas 77630 VI. *-481 "Furnish“ means - the right to confer with the other parent to the extent possible before making a as child support is payable for that child, by paying all applicable fees required for the coverage, 2. the duty to inform the other conservator of the children if the conservator resides *-480 the nonincurring party receives the forms, receipts, bills, statements, and explanations of *-479 and claim in and to that property: 722 S.W.2d 399 (Tex. 1986) .................................................... ..13 General Terms and Conditions On July 22, 2014, Appellee filed a Motion for Alternative Service. (R. at 10) MAY BE PUNISHABLE BY CONFINEMENT IN JAIL FOR AS LONG AS TWO YEARS Corey L. Roberts, in his capacity as such, has personally reviewed ‘all. exhibits *-478 unless express provision is made in this decree to the contrary. Name of employer: OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD. (d) *-476 2014, states that Linda Roberts was served on July 31, 2014. (R. at 15.) *-475 W—2. All clothing, jewelry, and other personal effects in the possession of the wife or and reasonable notice the court may render judgment non obstante veredicto if a directed verdict would have been proper, electronic mail or facsimile, shall be deemed to have been timely made if received IT IS ORDERED AND DECREED that CELIA CLANT ON ROBERTS, Petitioner, and or 108a, or as ordered by the court in the event citation is executed by an alternative method under Rule 106, shall *-474 To effect an equitable division of the estate of the parties and as a part of the division, those persons in active concert or participation with them who receive actual notice of this order LILY MARIE ROBERTS, CHILDREN *-473 agreed to allocate their tax liability in a manner different from that reflected on their returns. which prevent a finding of strict compliance with the Rules of Civil Procedure. shall have been on file with the clerk for the length of time required by Rule 107. support of a judgment, there are no presumptions of Valid issuance, service, and *-472 cause number and case name; that the following orders are in the best interest of the children. necessary to enforce this judgment issue. This judgment finally disposes of all claims and all period. *-471 339 S.W.3d 74, 82 (Tex. 2011). Only if it is determined from reviewing the record decision oonceming the health, education, and welfare of the children; thus the default judgment cannot stand. (1) with for at least thirty days, marries, or intends to marry a person who the conservator knows is *-470 IT IS ORDERED that CELIA CLANTON ROBERTS, as parent sole managing § *-468 Respectfully Submitted, possession of any passports of the children, COREY SEBASTIAN ROBERTS and LILY Address of employment: *-466 CLANT ON ROBERTS child support of four hundred eighty-nine dollars and fifty-five cents *-465 Trial/Appellate Counsel for Corey L. Roberts thereafter promptly remitted to CELIA CLANT ON ROBERTS for the support of the children. *-464 in a program leading toward a high school diploma or under section 130.008 of the Education or, if applicable, postmarked before or at the time that notice is due‘ Each and provided further that the court may, upon like motion and notice, disregard any jury finding on a question that has no of the Family Code tenninates, IT IS ORDERED that CELIA CLANT ON ROBERTS and *-463 Social Security Administration, Department of Veterans Affairs or other governmental agency or I have been on file with the clerk of the court ten days, exclusive of the day of filing and the day of judgment. *-461 including but not limited to enrollment fees and premiums. COREY L. ROBERTS is *-460 registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently to hand deliver the document by a person eighteen years of age or older *-459 benefits. a. H-l. All household fiirniture, fitmishings, fixtures, goods, an objects, collectibles, *-458 Except as otherwise expressly provided in this Possession Order, the terms H-2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to AND A FINE OF AS MUCH AS $10,000. Work telephone number: FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE *-457 granted in any cause until proof of service...sha1l have been on file with the clerk *-455 conservator is ORDERED to notify the other conservator of any change in the the court in which the case is filed; *-454 Summary of Argument ......................................................... ..9 subject to her sole control. and for services rendered in connection with conservatorship and support of the children, each IT IS ORDERED AND DECREED that each party shall furnish such information to the by personal service or otherwise. *-453 (2) VII. COREY L. ROBERTS, Respondent, are divorced and that the marriage between them is FIZNAL DECREE or DIVORCE *-452 IT IS ORDERED that CELIA CLANTON ROBERTS is appointed Sole Managing *-451 CORDELL & CORDELL, P.C. parties and is appealable. support in the evidence. Only one final judgment shall be rendered in any cause except where it is otherwise specially *-450 right of access to medical, dental, psychological, and educational records of Aaron B. Pickelner contained in the appendix to this Appellant’s Briefl he has personal knowledge that charged with an offense for which on conviction the person would be required to register under *-449 3, Halla V. Halla, Her motion was granted on that same date and permission was given for Appellant
*-448 conservator, shall have the following exclusive rights and duty: MARIE ROBERTS. and conditions of possession of the child that apply regardless of the distance Statutes and Rules *-447 History *-446 On August 26, 2014, Appellee obtained a default judgment against *-444 ($489.55) per month, with the first payment being due and payable on September 1, 2014 and a IT IS ORDERED that each party shall pay, when due, all fees charged to that party by the state conservator's electronic mail address or facsimile number within twenty—four Code in courses for joint high school and junior college credit and is complying with the First, the documents contain conflicting statements as to who was served. (R. 15- *-443 The trial court abused its discretion by denying Appellant’s request to set COREY L. ROBERTS are discharged fi'om the obligations set forth in this medical support order return of citation when examining a default judgment.” Barker CATV Constr., Inc. life insurance proceeds, annuity payments, trust distributions, or retirement survivor benefits, *-441 Issue Number Two. ORDERED to fumish CELIA CLANTON ROBERTS a true and correct copy of the health as a whole, that the trial court abused its discretion will the lower court’s ruling be *-440 that chapter. IT IS ORDERED that this infomtation shall be tendered in the fonn of a notice B. provided by law. Judgment may, in a proper case. be given for or against one or more of several plaintiffs, and for or against either to the recipient or to a person who is eighteen years of age orolder the children; *-439 These provisions apply to all unreimbursed health—care expenses of any child who is the *-438 appliances, and equipment in the possession of the husband or subject to his sole control. a description of what was served; between the residence of a parent and the child are as follows: Name: COREY L. ROBERTS *-437 become due on the real and personal property awarded to the husband in this decree unless EACH OTHER PARTY, THE COURT, AND THE STATE CASE REGISTRY WITH THE *-436 (3) CORDELL & CORDELL, P.C. Warning: to Parties *-435 1330 Post Oak Boulevard, Suite 1800 No. 14-06-01126-CV, 2007 Tex. App. LEXIS 6656, *-434 W-3. All sums of cash in the pofiession of the wife or subject to her sole control, IT IS ORDERED AND DECREED that COREY L. ROBERTS is permanently History hours afier the change. *-433 party shall be responsible for his or her own attorney's fees, expenses, and costs incurred as a *-432 other party as is requested to prepare federal income tax returns for 2014 within thirty days of dissolved on the ground of insupportability. On August 26, 2014 the Court heard this case. Conservator and COREY L. ROBERTS is appointed Possessory Conservator of the *-431 Date of Judgment *-429 made as soon as practicable, but not later than the fortieth day after the date the conservator of *-428 ***-”-2636 the right to designate the primary residence of the children; of the court ten days.” Any default judgment granted when the return has not been *-427 Possession and Access *-426 Social Security number: one or more of several defendants or intervenors. *-425 like payment being due and payable on the 1‘ day of each month thereafler until the first month *-424 Argument ........................................................................ ..9 minimum attendance requirements of subchapter C of chapter 25 of the Education Code or *-423 VIII. /s/ Aaron B. Pickelner shall be a credit against this obligation. Any remaining balance of the child support is an *-422 disbursement unit and any other agency statutorily authorized to charge a fee. *-421 with respect to that child, except for any failure by a parent to fully comply with those the date and time the process was received for service; 2007 WL 2367600 at *2 (Tex. App.—Houston 14*, 2007, no pet.) ...... ..13 all such exhibits are true, correct and complete as contained in the files of Orange *-420 1300 Post Oak BlVd., Suite 1800 *-419 Houston, Texas 77056 Amended by Texas Supreme Court, Misc. Docket No. ll—9250, effective January 1, 2012. the right to consult with a physician, dentist, or psychologist of the children; (4) insurance policy or certification and a schedule of benefits within 15 days following the signing the children begins to reside with the person or on the tenth day afier the date the marriage *-418 to be served by leaving a copy of the citation, pleadings, and orders with a person and permanently resides with the recipient; subject of this order for the provision of health—caie coverage that are incurred while cash TEX. R. CIV. P. 107 ................................................................. ..11, A-28 H-2. All clothing, jewelry, and other personal effects in the possession of the husband *-417 Surrender-of Child by CELIA CLANTON ROBERTS - CELIA *-416 express provision is made in this decree to the contrary. WARNINGS TO PARTIES: FAILURE TO OBEY A COURT ORDER FOR CHILD CHANGE IN TI-IE REQUIRED INFORMATION MAY RESULT IN FURTHER LITIGATION I. 029303025 Issuing state: Texas Driver's license number *-415 Appellant. (R. at 17.). *-414 Under Texas law, does a trial court abuse its discretion by finding and ruling 16.) The first page of the return of service that the individual served was “Linda *-413 including funds on deposit, together with accrued but unpaid interest, in banks, savings This concludes the Possession Order. aside the default judgment when the return of service is defective and does not *-412 result of legal representation in this case. v. Ampro, Inc., 989 S.W.2d 789, 792 (Tex. App.--Houston [lst Dist.] 1999, no enjoined from: Q Q am‘/0 receipt of a written request for the information, and in no event shall the available information be *-411 Children ofthe Marriage Appearances following children: COREY SEBASTIAN ROBERTS and LILY MARJJE ROBERTS *-410 SlGNEDon reversed. Patterson v. Brist, 236 S.W.3d 238, 240 (Tex. App., 2006).. *-409 occurs, as appropriate. IT IS ORDERED that the notice must include a description of the ofi“ense Texas Rules *-408 Amended by Texas Supreme Court, Misc. Docket No. 11-9250. effective January 1, 2012. Aaron B. Pickelner CLANTON ROBERTS is ORDERED to surrender the child to COREY L. *-407 right to consent to medical, dental, and surgical treatment involving invasive *-406 Current residence address: 7705 Burton Road, Adrian, Michigan 49221 Possession Order *-405 Houston, Texas 77056 Tel: (832) 730-2987, Fax: (832) 730-2966 *-404 - *-403 person or entity served; Changerof Employment following the date of the earliest occurrence of one of the events specified below: *-402 on a fi.rll-time basis in a private secondary school in a program leading toward a 2. (5) obligations before that date. IT IS FURTHER ORDERED that the cash medical support *-400 obligation of COREY L. ROBERTS’s estate. *-399 of this order. COREY L. ROBERTS is FURTHER ORDERED to furnish CELIA CLANTON that one party shall be sole managing conservator when no pleadings included Copyright © 2015 by Matthew Bender & Company, Inc. a member of the LexisNcxis Group. All rights reserved. A the right to consult with school officials concerning the children's welfare and *-398 that is the basis of the person's requirement to register as a sex offender or of the offense with on file for the required amount of time is void. See Azfidstate Envtl. Servs., LP v. 5. to deliver the document to the recipient by certified mail, return receipt EDITOR’S NOTE. -- *-397 medical support is payable for that child. ROBERTS at the beginning of each period of COREY L. ROBERTS’s possession b. . Issue Number One — Under the Texas Rules of Civil Procedure, does a or subject to his sole control. procedures; *-396 H-3. The, debt owed to Dupont Goodrich Federal Credit Union, Account Number SUPPORT OR FOR POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN 7705 Burton Road, Adrian, Michigan 49221 *-395 TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF Mailing address: *-393 Lauren E. Melhart Duration *-392 institutions, or other financial institutions, which accounts stand in the wife's sole name or fi'om *-391 Liability for Federal Income Taxes for Prior Year County District Clerk or LexisNexis, as applicable, except as redacted in Interfering in any way with the Managing Conservator's possession of the Petitioner, CELIA CLANTON ROBERTS, appeared in person and through attomey of The Court finds that Petitioner and Respondent are the parents of the following children: exchanged later than March 1, 20l5. As requested information becomes available afier that date, *-390 IT 15 ORDERED that, at all times, CELIA CLANTON ROBERTS, as a parent sole State Bar No. 24013329 *-389 which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE *-388 over the age of 16 at his residence or by attaching the documents to the main entry TEX. R. CIV. P. 239 ................................................. ................ ..13, A-30 educational status, including school activities; *-387 Ilzflv. 11299: at the residence of CELIA CLANTON ROBERTS. *-386 Texas Supreme Court, Misc. Docket No. ll~9250 provides: ”The provisions allowing a return of service to be filed IT IS ORDERED that each conservator shall comply with all terms and On September 24, 2014, a Motion to Set Aside Default Judgment and Motion the address served; Home telephone number: *-385 (6) *-384 SOURCE: such a request, and the other party never received notice that sole *-383 Roberts” and the respondent was not served. (R. 15.) The second page, containing
any child reaches the age of eighteen years or graduates fi'om high school, *-382 L IT IS FURTHER ORDERED that COREY L. ROBERTS shall notify this Court and show strict compliance with the law. high school diploma and is complying with the minimum attendance requirements imposed by *-381 pet.); see also Primate Constr., Inc., 884 S.W.2d at 152. If the record before the Tennination of Orders on Remarriage of Parties but Not on Death of Obligee *-380 payments ordered below are payable through the state disbursement unit and subject to the In her original petition for divorce, Appellee requested that the parties be trial court commit reversible error by granting a default judgment when *-379 I ROBERTS copies of the insurance cards and any other forms necessary for use of the insurance *-378 PUNISHABLE AS A CLASS C MISDEMEANOR II THE CONSERVATOR FAILS TO WARNING - A PARENT ORDERED TO PROVIDE HEALTH INSURANCE requested, to the recipient's last known mailing or residence address; or *-377 Attorneys for Appellant *-376 H-3. All sums of cash in the possession of the husband or subject to his sole control, 5. the right to consent to psychiatric and psychological treatment of the children; Ferris & Sons Milk Hauling Inc. *-375 conditions of this Possession Order. IT IS ORDERED that this Possession Order is 7013815. CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX Name of employer: FURTHER LITIGATION TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF *-374 apickelner@cordel1law.com 339 S.W.3d 74, 82 (Tex. 2011) .................................................. ..14 or court *-373 electronically or by facsimile when those methods of filing are available supersede any contradictoiy local *-372 The periods of possession ordered above apply to each child the subject of this Arts. 2034 and 2036. which the wife has the sale right to withdraw fimds or which are subject to the wife's sole IT IS ORDERED AND DECREED that CELIA CLANT ON ROBERTS and COREY L. *-371 Name: COREY SEBASTIAN ROBERTS children or taking or retaining possession of the children, directly or in concert with other *-370 it shall be provided within ten days of receipt. record, JOE D. ALFORD, and announced ready lbr trial. *-369 ’the date of service or attempted service; conservatorship was at issue? managing conservator, shall have the following rights: *-368 (7) PROVIDE THIS NOTICE. *-367 Change: That part of the rLle derived from Art. 2034 has been changed only textually. The last sentence of the Q the light to attend school activities; Peterson, 435 S.W.3d 287, 291 (Tex. App.—Waco, 2014). 6, *-366 Return of Child by COREY L. ROBERTS - COREY L. *-365 9480 Herold Highway, Addison, Michigan 49220 *-364 effective immediately and applia to all periods of possession occuning on and after the Address of employment: *-363 the record clearly shows failure to strictly comply with the rules *-362 compliance with the applicable Texas Rules of Appellate Procedure. I CELIA CLANTON ROBERTS by US. certified mail, return receipt requested, of any change of whichever occurs later, subject to the provisions for support beyond the age of eighteen years set *-361 orders.” that school. The provisions of this decree relating to amen! child support terminate on the rcmaniage *-360 provisions for withholding fiom earnings provided above for other child support payments. *-358 door of his residence. (R. at 14) According to the return of service, filed on within 15 days following the signing of this order. COREY L, ROBERTS is ORDERED to TEX. R. CIV. P. 301 ................................................................... ..13, A-31 *-357 OR TO PAY THE OTHER PARENT ADDITIONAL CHILD SUPPORT FOR THE COST OF to deliver the document to the recipient at the recipient's last known *-356 c. ROBERTS is ORDERED to return the child to the residence of CELIA including fimds on deposit, together with accrued but unpaid interest, in banks, savings for New Trial was timely filed by Appellant. (R. at 44.) The trial court heard the right to receive and give receipt for periodic payments for the support of the *-355 Debts to Wife COURT. A FINDING OF CONTEIVIPT MAY BE PUNISHED BY CONFINEMENT IN JAIL Work telephone number: *-354 date the Court signs this Possession Order. IT IS, THEREFORE, ORDERED: MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY JUDGMENT (517) 547-7676 *-353 process server’s affidavit, then goes on to state that the respondent was served. The trial court abused is discretion by naming Appellee the sole managing *-352 manner of delivery of service or attempted service; *-351 trial court does not affirmatively show, at the time that default judgment is making the time for answer date suit while that child is under the age of eighteen years and not othenvise emancipated. ROBERTS shall be equally responsible for all federal income tax liabilities of the parties from supersedes Art. 2036 in the District and County Courts in harmony with the new control. (8) *-350 named joint managing conservators of the parties’ two children. (R. 6.) There is IT IS ORDERED AND DECREED that all payments made to the other party in PUBLICATION REFERENCES. —-See persons, except as permitted by order of the Coun. Litigation Guide, Ch. 100, Default Judgment. Respondent, COREY L. ROBERTS, although duly and properly cited, did not appear *-349 Sex: Male *-348 By: /s/ Aaron B. Pickelner P SIDING the tight to receive information from any other conservator of the children regarding service? . *-347 IT IS ORDERED that, during her periods of possession, CELIA CLANTON the right to consent to medical, dental, and surgical treatment during an *-346 CLANT ON ROBERTS at the end of each period of possession. *-345 children and to hold or disburse these funds for the benefit of the children; *-344 A trial court may only render a default judgment on the pleadings against a Appellee: V *-343 Ins. Co. of State of Pa. v. Lejeune, *-341 Withholding from Earnings *-340 out below; of CELIA CLANT ON ROBERTS to COREY L. ROBERTS unless a nonparent or agency has address and of any termination of employmem. This notice shall be given no later than seven Definitions — / *-339 2011 amendment, by G.O. 11-9250, substituted ”return of service” for "citation with the officer’s return thereon". *-337 concerning the health, education, and welfare of the children; provide, within three days of receipt by COREY L. ROBERTS, to CELIA CLANTON emergency involving an immediate danger to the health and safety of the children; and HEALTH INSURANCE WHO FAILS TO DO S0 IS LIABLE FOR NECESSARY MEDICAL from the day of service. In the case at bar, Appellee obtained a default judgment on August 26, *-336 mailing or residence address using any person or entity whose principal *-335 name of the person who served or attempted to serve the process; IT IS ORDERED AND DECREED that the wife, CELIA CLANT ON ROBERTS, shall *-334 institutions, or other financial institutions, which accounts stand in the husbands sole name or FOR UP TO SIX MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. (9) *-333 Definitions Aaron B. Pickelner Required Notices *-332 (a) *-331 W-4. The sums, whether matured or unmatured, accrued or unaccrued, vested or *-330 Nonimer;/‘erence with Possession 3. Removing the children from the State of Texas. *-329 date of marriage through December 31, 2013, and each party shall timely pay 50 percent of 2. accordance with the allocation provisions for payment of federal income taxes contained in this Celia Clanton Roberts June 24, 2005 *-328 and wholly made default. Birth date: 297 S.W.3d 254, 256 (Tex.2009). ............................................ ..11 APPROVED AS TO FORM ONLY: Change by amendment effective January 1, 1978: Provides manner of return when service by mail or by an alternative *-327 August 19, 2014, Linda Roberts was served on July 31, 2014. (R. at 15.) *-326 ROBERTS, as a parent sole managing conservator, shall have the following rights and duties: *-325 Appellant’s requests on October 29, 2014, and thereafter denied the relief *-324 right to represent the children in legal action and to make other decisions of Surrender of Child by COREY L, ROBERTS — COREY L. *-323 (R. 16.) The affidavit provides a line for disclosure of the name of any person on D *-322 Standard of Review ........ . ._ ........................................... ..9 conservator of the parties’ children when the pleadings did not request sole *-321 Texas Rules rendered, that the defendant has appeared, was properly served, or waived service IT IS ORDERED that any employer of COREY L. ROBERTS shall be ordered to *-320 been appointed conservator of the children under chapter I53 of the Texas Family Code. An any child marries; nothing in her petition requesting sole managing conservatorship of the children or *-319 ' days after the change of address or the termination of employment. This notice or a subsequent *-318 (10) if the person named in (9) is a process server certified under order of the Supreme Court, his or her “Health Insurance" means insurance coverage that provides basic health-care services, State Bar No. 24013329 *-317 right to confer with the/other parent to the extent possible before making a *-316 ROBERTS any insurance checks, other payments, or explanations of benefits relating to any the right to manage the estates of the children to the extent the estates have been 2. EXPENSES OF THE CHILDREN, WITHOUT REGARD TO WHETHER Tl-IE E)fl’ENSES *-315 business is that of a courier or deliverer of papers or documents either 8. ROBERTS is ORDERED to surrender the child to CELIA CLANTON *-314 substantial legal significance conceming the children; 7126 W. Windy Lane from which the husband has the sole right to withdraw funds or which are subject to the EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO NOTIFY respondent that has neither appeared nor answered. TEX. R. CIV. P. 239. A default *-313 pay, as a part of the division of the estate of the panies, and shall indemnify and hold the In this Possession Order "school" means the primary or secondary MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS. method. *-312 Notice shall be given to the other pany by delivering a copy of the notice to the party by p I. *-311 Copyright © 2015 by Matthew Bender & Company. Inc. a member of the LexisNexis Group. All rights reserved. *-310 Except as expressly provided herein, IT IS ORDERED that neither conservator otherwise, together with all increases thereof, the proceeds therefrom, and any other rights *-309 Court Costs *-308 any deficiencies, assessments, penalties, or interest due thereon and shall indemnify and hold the Final Decree of Divorce are not deemed income to the party receiving those payments but are Home state: Texas *-307 Record JOE D. ALFORD *-306 decision concerning the health, education, and welfare of the children; identification number and the expiration date of his or her certification; and 2014. (R. at 17.) The return of service upon which she relied to show compliance *-305 created by the parent or the parent's family. the duty of care, control, protection, and reasonable discipline of the children; *-304 ROBERTS, if the child is in COREY L. ROBERTS‘s possession or subject to Change by amendment effective January 1, 1981: The only changes are the references to E_u_l_e_ *-303 E-mail: apicke1ner@cordelllaw.com *-302 school in which the child is enrolled or, if the child is not enrolled in a primary or Certificate of Compliance *-300 withhold from earnings for child support from the disposable earnings of COREY L. ROBERTS g *-299 obligation to pay child support under this decree does not terminate on the death of CELIA notice shall also provide the current address of OOREY L. ROBERTS and the name and address any child dies; Orange, Texas 77630 3‘ *-298 On August 26, 2014, approximately one week after the proof service was *-297 Laidlaw Waste Sys., Inc. v. Wallace, including usual physician services, office visits, hospitalization, and laboratory, X-ray, and Attorney at Law *-296 medical expenses for the children that CELIA CLANT ON ROBERTS paid or incurred. *-295 WOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEEN PROVIDED, AND FOR *-294 within or outside the United States. COREY L. ROBERTS's control, at the beginning of each period of CELIA requested. (R. at 53.) *-293 husband's sole control. the right to consent to marriage and to enlistment in the armed forces of the EACH OTHER PARTY, THE COURT, AND Tl-[E STATE CASE REGISTRY OF ANY 6. whom the documents were served as a permitted proxy of the respondent. (R. 16.) husband and his property harmless from any failure to so discharge, these items: FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE *-292 Change by amendment effective January 1. 1988: Amendments are made to conform to changes in 111% 103. secondary school, the public school district in which the child primarily resides. The return of service was not on file for ten days as required under *-291 managing conservatorship and thus the issue was not before the court. in writing, the trial court lacks personal jurisdiction over the defendant. Marrot
registered or certified mail, return receipt requested. Notice shall be given to the Court by *-289 that could serve as notice to Appellant that such a claim was at issue. (R. at 5-8.) IT IS ORDERED AND DECREED that costs of court are to be borne by the party who ‘"9’-5012 shall take possession of the children during the other conservators period of possession (11) any other information required by rLle or law. related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock Aaron B. Pickeiner *-288 other party and his or her property harmless from 50 percent of such liabilities unless such Lauren E. Melhart part of the property division and necessary for a just and right division of the parties‘ estate. *-287 Social Security number: The record of testimony was duly reported by the court reporter for the County Court at *-286 IT IS ORDERED that, at all times; CELIA CLANTON ROBERTS, as a parent sole the right of access to medical, dental, psychological, and educational records of '7 lO5 South Market Street *-284 duty to support the children, including providing the children with clothing, CLANT ON ROBERTS's exclusive periods of possession, at the place designated *-283 United States; 944 S.W.2d 72 (Tex.App.—Waco 1997, writ denied) ..................... ..10 *-282 judgment, though, must be based on the pleadings of the non-defaulting party. *-281 Change by amendment effective September 1, 1990: To state more directly that a default judgment can be obtained when *-279 for the support of COREY SEBASTIAN ROBERTS and LILY MARIE ROBERTS. the child enlists in the armed forces of the United States and begins active service CLANT ON ROBERTS but continues asyan obligation to COREY SEBASTIAN ROBERTS and *-278 of his current employer, whenever that infomtation becomes available. *-277 emergency services, that may be provided through a health maintenance organization or other *-276 Rule l07(h) of the Texas Rules of Civil Procedure ................ ..l1 with the Texas Rules of Civil Procedure was only filed 6 days prior, on August 19, Orange, Texas 77630 *-275 children; *-274 THE COST OF HEALTH INSURANCE PREMIUMS OR CONTRIBUTIONS, IF ANY, PAID Pursuant to section 1S4,l83(c) of the Texas Family Code, the reasonable and necessary Findings on Health Insurance Availabi|ity- Having considered the cost, food, shelter, and medical and dental care not involving an invasive procedure; *-273 , 3. H-4. All sums, whether matured or umnatured, accrued or unaccrued, vested or
*-272 W-l. The balance due, including principal, interest, and all other charges, on the State Bar No.,24060275 CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS, When the citation was served by registered or certified mail as authorized by Rule 106, the return by the officer PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE in this Possession Order. Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that this document contains In this Possession Order "child" includes each child, whether one *-270 delivering a copy of the notice either in person to the clerk of this Court or by registered or (c) *-269 defendant has been served with process in a foreign country pursuant to the provisions of flag 108 or 108a. *-268 Trial/Appellate Counsel for Celia Clanton Roberts unless there is a prior written agreement signed by both conservators or in case of an option plan, 401(k) plan, employee savings plan, aocmed unpaid bonuses, disability plan, or *-267 Name: LILY MARIE ROBERTS incurred them. additional tax, penalty, and/or interest resulted from a pany's omission of taxable income or filed, Appellee obtained a default judgment against Appellant. (R. at 17.) In Tax Exemption for Children *-266 Law. *-265 Tel: (409) 882-9014 On November 21, 2014, Appellant filed notice of this appeal pursuant to *-264 managing conservator shall have the following duties: *-262 right to make decisions concerning the children's education; 7, *-261 or more, who is a subject of this suit while that child is under the age of eighteen Argument This line is completely blank. (R. 16.) C0mmc’ns, Inc. V. Town & Country P’ship, 227 S.W.3d 372, 376 (Tex.App.— *-260 or authorized person must also contain the return receipt with the addressee’s signature. *-259 The default judgment rendered by the lower court, though, named Appellee sole *-258 IT IS FURTHER ORDERED that all amounts withheld from the disposable earnings of as defined by section 101 of title 10 of the United States Code; or *-257 E-mail: l.tnelhart@cordelllaw.com Q]erk's Duties *-256 private or public organization, other than medical assistance under chapter 32 of the Texas *-255 82-0564 the right to consult with a physician, dentist, or psychologist of the children; Fax: (40 *-254 Joe D. Alford, Attorney at Law Marrot Commc’ns, Inc. v. Town & Country P'ship, LILY MARIE ROBERTS. ON BEHALF OF THE CHILDREN. *-253 health-care expenses of the children that are not reimbursed by health insurance or are not the right to consent for the children to medical and dental care not involving an accessibility, and quality of health insurance coverage available to the parties, the Court finds: *-252 3, Return of Child by CELIA CLANTON ROBERTS - CELTA HOME TELEPHONE NUMBER NAME OF EMPLOYER, ADDRESS OF EMPLOYMENT, TEX. R. CIV. P. 301; see also Capitol Brick, Inc. v. Fleming Mfg. Co., 722 S.W.2d *-251 otherwise, together with all increases thereof; the proceeds therefiom, and any other rights 4. promissory note payable to Sattler Automotive Group and given as part of the purchase price of PARTY'S NOT RECEIVING CREDIT FOR MAKING TH.E PAYTMENT.
years and not otherwise emancipated, *-250 The return of service contained defects which prevent a finding of certified mail addressed to the clerk at 801 Division, Orange, Texas 77630. Notice shall be *-248 other benefits existing by reason of the wife's past, present, or future employment. *-247 emergency. IT IS ORDERED AND DECREED that CELIA CLANTON ROBERTS has the sole and claim of erroneous deductions. In such case, the portion of the tax, penalty, and/or interest *-246 Discharge from Discovery Retention Requirement‘ Sex: Female Jurisdiction and Domicile *-245 2014. (R. at 15.) Accordingly, it is clear from the record that Appellant failed to I EDITOR’S NOTE. -- *-244 duty to inform the other conservator of the children in a timely manner of *-243 When the officer or authorized person has not served the citation, the return shall show the diligence used by the *-242 invasive procedure; and , 1, CLANT ON ROBERTS is ORDERED to retum the child to COREY L. 1,791 words and is thus within the limits imposed by TEX. R. APP. P. 9.4(i)(2)(B). except as provided by section 264.011] of the Texas Family Code, the right-to the Attorneys for Appellant *-241 (<1) *-238 105 S. Market Street COREY L. ROBERTS by the employer and paid in accordance with the order to that employer *-237 IT IS ORDERED that, on the request of a prosecuting attorney, the title IV-D agency, the any child's disabilities are otherwise removed for general purposes. 227 S.W.3d 372 (Tex.App.——Houston [1st Dist.] 2007, pet. denied) .... ..9 addition to granting the divorce, the court’s ruling included orders naming *-235 Human Resources Code. Tefl Supreme Court, Misc. Docket No. 11-9250 provides: "The provisions allowing a return of service to be filed strict compliance with the Texas Rules of Civil Procedure ........ ..11 *-234 right to consult with school officials concerning the children's welfare and Section 25.1 of the Texas Rules of Appellate Procedure. (R. at 56.) significant information concerning the health, education, and welfare of the children; and *-233 No parent has access to private health insurance at a reasonable cost. otherwise covered by the amount of cash medical support under section 154.182(b) are allocated *-232 SWORN TO AND SUBSCRIBED BEFORE ME this Q 3rd)‘ Miscellaneous Child Support Provisions ROBERTS, if COREY L. ROBERTS is entitled to possession of the child, at the *-231 services and earnings of the children; Second, the documents never state what precisely was served on the officer or authorized person to execute the same and the cause of failure to execute it, and where the defendant is DRIVER‘S LICENSE NUMBER AND WORK TELEPHONE NUMBER. THE PARTY IS related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock and secured by a lien on the 2002 Honda Odyssey EXL motor vehicle awarded to wife. Issue Number One. *-230 FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY Mutual Agreement or Specified Terms for Possession A. Houston [lst Dist.] 2007, pet. denied). Virtually any deviation from the requisites *-229 day of given to the state case registry by mailing a copy of the notice to State Case Registry, Contract managing conservator. (R. at 19.) This appointment did not conform to the *-228 (b) *-227 W-5. The 2002 Honda Odyssey EXIL motor vehicle, vehicle identification number IT IS ORDERED AND DECREED that the parties and their respective attomeys are Supervised Visitation *-226 exclusive right to claim the children, COREY SEBASTIAN ROBERTS and LILY MARIE relating to the omitted income or claims of erroneous deductions shall be paid by the party who *-225 March 3, 201 [1] The Court finds that the pleadings of Petitioner are in due form and contain all the Birth date: *-223 educational status, including school activities; By: electronically or by facsimile when those methods of filing are available supersede any contradictory local rlli or court Orange, Texas 77630 *-222 right to direct the moral and religious training of the children. *-221 end of each of CELIA CLANT ON ROBERTS‘s exclusiveperiods of possession, 399, 401 (Tex. 1986). While technical pleading rules are of reduced significance *-219 to be found, if ascertainable. *-218 Thereafier, COREY L. ROBERTS is ORDERED to pay to CELIA CLANTON *-217 friend of the Court, a domestic relations offioe, CELIA CLANTON ROBERTS, COREY L. shall constitute a credit against the child support obligation. Payment of the firll amount of child *-215 strictly comply with the Rules of Civil Procedure, and the lower court committed "Reasonable cost" means the total cost of health insurance coverage for all children for *-214 JOE . ALr~‘6RD *-213 as follows: CELIA CLANTON ROBERTS is ORDERED to pay 50 percent and COREY L.’ the duty to inform the other conservator of the children if the conservator resides IT IS FURTHER FOUND that the following orders regarding health-care coverage are in *-212 No Credit for Informal Payments . Issue Number Two — Under Texas law, does a trial court abuse its *-211 except when a guardian of the children's estates or a guardian or attorney ad [item *-210 ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE REQUIRED IT IS ORDERED that COREY L. ROBERTS shall have possession of the Services Section, MC046S, PO Box 12017, Austin, Texas 78711-2017. 9, W-2. All debts, charges, liabilities and other obligations incurred solely by the wife at the place designated in this Possession Order. option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, disability plan, or DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A *-208 orders." State Bar No. 01012500 *-207 Illidstate Envtl. Servs., LP v. Peterson, IT IS ORDERED that any and all periods of possession or access to the children *-206 SFNRLI 80628023344, together with all prepaid insurance, keys, and title documents. Appellee sole managing conservator of the parties’ two children. (R. at 19.) *-205 discharged from the requirement of keeping and storing the documents produced in this case in earned the omitted income or proffered the claim for an erroneous deduction. The parties agree ROBERTS, as dependents on her federal andlor state income taxes. Home state: Texas Under the Texas Rules of Civil Procedure, does a trial court commit *-204 allegations, information, and prerequisites required by law, The Court, after receiving evidence, *-203 with for at least thirty days, marries, or intends to marry a person who the conservator knows is the right to attend school amivities; Attorney for Peti oner *-202 The officei‘ or authorized person who serves or attempts to serve a citation must sign the return, If the return is *-201 has been appointed for the children, the right to am as an agent of the children in relation to the respondent. The return states that the citation and petition were served by ,20l5. *-200 (e) kzmfl [1 child at times mutually agreed to in advance by COREY L. ROBERTS and *-199 of statutes and Rules of Civil Procedure for service of process will destroy a Litigation Guide, Ch. 31, Service on Residems; Ch. 32, Personal Jurisdiction *-198 pleadings of Appellee and cannot stand. PUBLICATION REFERENCES. «See *-197 ROBERTS, or an attorney representing CELIA CLANTON ROBERTS or COREY L. *-196 ROBERTS child support of three hundred ninety-one dollars and sixty-four cents ($391.64) support ordered paid by this decree through the means of withholding from earnings shall *-195 which COREY L. ROBERTS is responsible under a medical support order that does not exceed *-193 discretion by finding and ruling that one party shall be sole managing State Bar No. 01012500 registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently *-192 ROBERTS is ORDERED to pay 50 percent of the total unreimbursed health-care expenses that 435 S.W.3d 287 (Tex. App.—Waco, 2014) ....... ... ...................... ..11 jd.alford@hotmail.com IT IS ORDERED that the child support as prescribed in this decree shall be exclusively *-191 best interest of the children. where the best interests of the child are the paramount concern, e. g. Cain v. Cain, signed by a person other than a sheriff, constable, or the clerk of the court, the return must either be verified or be Personal Effects - Each conservator is ORDERED to return with *-190 children's estates if the children's action is required by a state, the United States, or a foreign INFORMATION TO EACH OTHER PARTY, THE COURT, AND THE STATE CASE
other benefits existing by reason of the husband's past, present, or fixture employment. CELIA CLANTON ROBERTS. *-189 reversible error by granting a default judgment when the record clearly CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS -TO A NOTICE TO ANY PEACE OFFICER OF THE STATE OF TEXAS: YOU MAY USE unless express provision is made in this decree to the comrary. *-186 exercised by COREY L. ROBERTS shall be under the direct and continuous supervision ***-*’-4949 *-185 and Service on Nonresidents. reversible error by granting the default judgment. The lower court never obtained accordance with rule 191.4(d) of the Texas Rules of Civil Procedure. that nothing contained herein shall be constnned as or is intended as a waiver of any rights that a *-184 finds that it has jurisdiction of this case and of all the parties and that at least sixty days have Social Security number: *-183 right to be designated on the children's records as a person to be notified in *-182 charged with an ofiense for which on conviction the person would be required to register under jd.alford@hotmail.com *-181 /s/ Aaron B. Pickelner *-180 ~ government; and *-179 signed under penalty of perjury. A return signed under penalty of perjury must contain the statement below in the child the personal efiects that the child brought at the beginning of the period *-178 conservator when no pleadings included such a request, and the other *-177 per month, due and payable on the 1“ day of the first month immediately following the date of ‘M *-176 On September 24, 2014, a Motion to Set Aside Default Judgment and Motion *-175 discharge the child support obligation. If the amount withheld from earnings and credited ROBERTS, the clerk of this Court shall cause a certified copy of the Income Withholding for *-174 9 percent of COREY L. ROBERTS ‘s annual resources, as described by section l54.062(b) of See also Civil Practice & Remedies Code §§ l7.021—17.025. *-173 shows failure to strictly comply with the rules regarding service? that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice *-172 & M Resources case of an emergency; *-171 discharged in the manner ordered and that any direct payments made by COREY L. ROBERTS
exceed the amount covered by health insurance. “delivering” them to Linda Roberts without stating that she was a person over the *-169 REGISTRY ON OR BEFORE THE 60TH DAY BEFORE THE INTENDED CHANGE. IF W—3. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to ofpossession. CHILD DOES NOT J USTIF Y FAILURE TO PAY COURT-ORDERED CHILD SUPPORT TO *-168 default judgment. Nueces County Housing Assistance, Inc. V. REASONABLE EFFORTS TO ENFORCE THE TERMS OF CHILD CUSTODY SPECEFIED *-167 Prayer *-166 substzuitially the following form: of a competent adult designated by CELIA CLANTON ROBERTS. *-165 Aaron B. Pickelner 2011 amendment, by 11—9250, rewrote the first two sentences of the first undesignated paragraph, which read: ”The return Nueces County Housing Assistance, Inc. v. M & M Resources Corp., *-164 party has under the "Innocent Spouse" provisions of Internal Revenue Code. The Court finds no other children of the marriage are expected. *-163 elapsed since the date the suit was filed. party never received notice that sole conservatorship was *-162 made as soon as practicable, but not later than the fortieth day afier the date the conservator of No. 14-07-00114-CV, 2007 Tex. App. LEXIS 9276, 2007 WL 4200638 at *4 *-159 duty to manage the estatm of the children to the extent the estates have been lo. *-156 earliest occurrence of one of the events specified above for the other child and a like sum of *-155 against the child support obligation is less than I00 percent of the amount ordered to be paid by *-154 personal jurisdiction over Appellant and thus the order is void. Support to be delivered to any employer. *-153 of the officer or authorized person executing the citation shall be endorsed on or attached to the same; it shall state when the Texas Family Code. *-152 children begins to reside with the person or on the tenth day after the date the marriage The party who incurs a health-care expense on behalf of the children is ORDERED to *-151 to CELIA CLANT ON ROBERTS or any expenditlmcs incurred by COREY L. ROBERTS *-150 Lauren E. Melhart *-149 THE PARTY DOES NOT KNOW OR COULD NOT HAVE KNOWN OF THE CHANGE IN created by community property or the joint property of the parents.
*-148 IN THIS ORDER‘ A PEA/CE OFFICER WHO RELIES ON THE TERMS OF A COURT become due on the real and personal property awarded to the wife in this decree unless express *-147 THAT PARTY. Standard of Review "My name is al6issue? ........................................................................ ..13 *-146 806 S.W.2d 948 (Tex.App.--Corpus Christi 1991, writ denied) .......... ..9 for New Trial was timely filed by Appellant. (R. at 44.) The trial court heard , my date of birth is *-141 citation was served and the manner of service and be signed by the officer officially or by the authorized person. The *-140 age of 16 at the respondent’s resident or by attaching them to the main entry door *-138 Corp., 806 S.W.2d 948, 949 (Tex.App.--Corpus Christi 1991, writ denied). *-137 Appellant respectfully requests, based on the argument and authorities *-135 Attorneys for Appellant *-131 (Tex.App.—Houston 14”‘, 2007, no pet.), Halla v. Halla, No. 14-06-01126-CV, *-129 return of citation by an authorized person shall be verified.” and gave them the (a) designation; added (b); gave the second *-128 Page 2 of27 *-127 Page [1] of 27 *-126 Page 3 of27 Page 4 of 27 *-125 (First) (Middle) (Last) Page 5 of 27 *-124 The return of service contained defects which prevent a finding of *-123 Page 6 of 27 *-122 Page 8 of27 Page 7 of27 *-121 Prayer ............................................................................ ..l4 *-120 IX. Page 10 of27 *-119 Page 17 of 27 Page 11 of27 Page 12 of 27 *-118 Page 9 of27 When a no-answer default judgment is challenged, the record must show *-117 Page 13 of27 and third sentences of the first undesignated paragraph the (c) and (d) designations; in (d), substituted ”if ascertainable” for *-115 Appel1ant’s requests on October 29, 2014. OK. at 53.) At this hearing, Appellant Patterson v. Brist, Page [5 of 27 *-114 Page 14 of 27 *-113 Page 16 ofZ7 *-112 Page 21 of27 Page 18 of 27 *-111 Page 23 of 27 Page 20 of 27 *-110 Page 19 of27 of his home (the only two permitted methods for substitute service in this case). *-109 strict compliance with the Texas Rules of Civil Procedure. *-108 Rendition of a default judgment when there is a failure to strictly comply with the Page 22 of 27 j, and my address is T, *-107 contained herein, that the Court reverse the applicable rulings of the Orange Page 26 of 27 _»_ *-106 Page 24 of 27 Page 25 of 27 *-105 Page 27 of 27 , _, and ”if he can ascertain”; added (e); gave the second undesignated paragraph the (f) designation; added (g); gave the third *-101 2007 Tex. App. LEXIS 6656, 2007 WL 2367600 at *2 (Tex. App.—Houston 14”‘, *-100 236 S.W.3d 238, 240 (Tex. App., 2006) ..................................... ..14 *-97 . on *-96 , *-95 Km-nzvN MARTI 1? *-94 undesignated paragraph the (h) designation; and in (h), deleted "the citation, or process under Ri_4le_s 108 or 108a, with" after *-93 “N... N14,,’ *-90 Verification ..................................................................... .. 16 *-87 strict compliance with the manner and mode of service; otherwise, the service is *-85 testified that he never received actual notice of the suit. No contradicting
(State)(Zip Code) *-84 (Street) (City) *-80 My Cum;-nlss 0 "cause until”, and added "by an altemative method”. . : *-79 (R. 15.) The affidavit merely states that the process server left copies of *-78 procedural rules regarding service constitutes reversible error and the judgment Rule 107 of the Texas Rules of Civil Procedure dictates the requirements *-77 County, Texas County Court at Law and hold as follows - ~~~~~ *-73 June 18. 20” *-72 -""5 *-69 ~1 . .- 2007, no pet.), Peck v. Peck, 172 S.W.3d 26, 25 (Tex. App.—Dallas, 2005, pet. *4 $5‘ *-65 . I declare under penalty of perjury that the foregoing is true and *-63 "'Iu:9ni\ *-62 Texas Rules *-52 Copyright © 2015 by Matthew Bender & Company, Inc. a member of the LexisNexis Group. All rights reserved.
*-40 correct. -12- *-39 -11- *-38 -10- *-37 -9-- -14- -13-
*-35 -17- *-21 (Country) *-12 .p,.'\ M *-11 A/7, *-7 Pié *-6 A-5 *-3 /H *-2 H4! *0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 2/23/2015 8:34:24 PM CHRISTOPHER A. PRINE Clerk
*1 ACCEPTED 01-15-00024-CV A-In FIRST COURT OF APPEALS HOUSTON, TEXAS 2/23/2015 8:34:24 PM CHRISTOPHER PRINE
CLERK IN THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON NO. 01—15—00024-CV COREY L. ROBERTS,
Appellant, V. flvll CELIA CLANT ON ROBERTS, Appellee. On Appeal from the County Court at Law Orange County, Texas Trial Court Cause No. C—l40,473-D APPELLANT’S BRIEF CORDELL & CORDELL, P.C. [1330] Post Oak Boulevard, Suite [1800] Houston, Texas [77056] Tel: (832) 730-2987, Fax: (832) 730-2966
~ ‘ “ By I , ion B. Picker State Bar No. [24013329] E-mail: apickelner@cordelllaw.corn Lauren E. Melhart State Bar No. [24060275] E-mail: 1melhart@cordelllaw;corn Attorneys for Appellant
ORAL ARGUMENT REQUESTED *2 Vi’) §,,_:¢ *3 Prvlé *4 M0 iél.~Ivr *5 Ml (W1 *6 A4!) D/_«lLo *7 r3/Ll 5,14’ *8 3"; all *10 5993.7: *12 Amt *13 l3:_«2:¥’«l *31 A. Q9\ *34 A 44\
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*35