Court Filings

The court affirmed a district court’s post-answer default order in a suit affecting the parent–child relationship, except it removed the portion changing the child’s last name. The mother sought sole managing conservatorship and child support; the father filed an answer but did not appear at trial. The trial court granted sole managing conservatorship and child support and ordered a name change. On appeal the father argued lack of notice, due process violations, recusal error, venue and evidentiary complaints. The appellate court found the trial court did not abuse its discretion in denying relief, but the name change was unauthorized because no petition sought it, so that part was deleted and the order was otherwise affirmed.

The Court of Appeals affirmed most of a trial court’s April 19, 2024 agreed order in a suit to modify the parent–child relationship between Russell Lerner and Geraldine Schott, but removed a requirement that Lerner post a $25,000 bond before filing any future pleadings. The court held Lerner cannot appeal terms he expressly agreed to at the April 9, 2024 hearing (such as lifting geographic restrictions, dismissal of pending motions, child-support and fee provisions), and he waived claims about findings of fact and docket management. The bond requirement was improper because the court never followed Texas statutory procedures for declaring a party a vexatious litigant.