(DOWNLOAD) "Robert R. Cunningham v. Marthalynn D. Cunningham" by Fifth District, Dallas Court of Appeals of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Robert R. Cunningham v. Marthalynn D. Cunningham
- Author : Fifth District, Dallas Court of Appeals of Texas
- Release Date : January 21, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Robert R. Cunningham appeals from a default judgment of divorce which dissolved his marriage to Marthalynn Cunningham, divided the property, appointed Marthalynn managing conservator of the only child of the marriage, appointed him possessory conservator, and ordered him to pay child support plus Marthalynns attorneys fees. Robert did not make a general appearance to contest the merits but, instead, made a special appearance to contest the subject matter jurisdiction and in personam jurisdiction of the court. Consequently, the only issues on appeal are: (1) whether under the Texas Uniform Child Custody and Jurisdiction Act, the trial court was precluded from asserting jurisdiction concerning the custody and support of the child and; (2) whether the trial court had personal jurisdiction over Robert. We conclude that, because of a prior custody proceeding pending in North Carolina, the trial court did not have subject matter jurisdiction concerning child custody or support. In addition, the trial court did not have personal jurisdiction over Robert. Accordingly, (1) we reverse the judgment of the trial court except as to that part of the decree which dissolves the marriage of the parties; (2) we strike out Marthalynns judgment for her attorneys fees, her judgment for court costs and her judgment holding Robert liable for the outstanding indebtedness of the marriage; (3) we dismiss her claims for child custody and child support.
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