The following are summaries of selected civil opinions issued by the Third Court of Appeals during November and December 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Jan. 9, 2024.
FAMILY LAW: Court reverses modification order entered without evidence.
Abila v. Miller, No. 03-22-00452-CV(Tex. App.—Austin Dec. 21, 2023, no pet. h.).
In a conservatorship modification proceeding, father sought the exclusive right to designate child’s residence. Mother did not respond and did not appear at the hearing. After father’s attorney’s opening statement, the trial court granted the requested relief without admitting any evidence. The court of appeals held that when a movant seeks modification of a child-conservatorship order, even when a respondent defaults, the movant must prove the required allegations: a material and substantial change and best interest of the child. The court further noted that the trial court could not take judicial notice of the truth of allegations, including father’s allegation that mother had denied him access to the child. The court held that no evidence supported the modification and reversed and rendered.