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Beam v. Beam

Court of Appeals of Texas, Seventh District, Amarillo

May 10, 2017

JOHN RANDALL BEAM, APPELLANT
v.
GLENDA HOSEK BEAM, APPELLEE

         On Appeal from the County Court at Law Number Two Wise County, Texas Trial Court No. CV-12-11-780; Honorable Stephen J. Wren, Presiding

          Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

          MEMORANDUM OPINION

          Patrick A. Pirtle Justice

         This is a restricted appeal of a default divorce decree.[1] 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.

         Background

         In 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.

         In 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.

         In 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?
A. Yes.
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?
A. Yes.
Q. And a resident of Texas for more than six ...

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