Court of Appeals of Texas, Seventh District, Amarillo
Appeal from the County Court at Law Number Two Wise County,
Texas Trial Court No. CV-12-11-780; Honorable Stephen J.
QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
Patrick A. Pirtle Justice
a restricted appeal of a default divorce
decree. Appellee, Glenda Hosek Beam, filed for
divorce and Appellant, John Randall Beam, although duly
served, did not file an answer. John asserts that (1) this
court has jurisdiction to hear his restricted appeal and (2)
the trial court lacked sufficient evidence to support the
property division in the final decree. That portion of the
trial court's final decree granting the parties'
divorce is affirmed, the remainder of the decree is reversed,
and this case is remanded to the trial court for further
proceedings consistent with this memorandum opinion.
November 2012, Glenda filed her Original Petition for
Divorce. Under paragraph nine, "Division of
Property, " she stated that she believed she and John
would enter into an agreement for the division of their
estate. In September 2013, the trial court entered a notice
that her case would be dismissed for want of prosecution
unless good cause was shown why the case should not be
dismissed. John was provided notice of the dismissal setting.
In October, the trial court granted Glenda's Motion
to Retain Case on Docket wherein she represented that
she and John were attempting reconciliation.
April 2014, the trial court again issued notice to both
Glenda and John that her case would be dismissed for want of
prosecution. In May, Glenda filed a second Motion to
Retain Case on Docket wherein she again represented that
she and John were attempting reconciliation. The trial court
granted her motion once again.
November 2014, the trial court issued a third notice that the
case would be dismissed for want of prosecution and set the
case on its dismissal docket for December 17, 2014. On
December 11, Glenda and her counsel appeared in court. John
did not appear and the record does not reflect whether he was
notified of any scheduled hearing. The court called the case
for hearing and Glenda was presented as the sole witness. The
testimony presented, in its entirety, is as follows:
Q. Would you state your name, please.
A. Glenda Beam.
Q. Ms. Beam, you're currently married to John Randal
[sic] Beam; is that correct?
Q. And prior to the time -- immediately preceding the filing
of this divorce petition you were a resident of Wise County
for more than 90 days, correct?
Q. And a resident of Texas for more than six ...