Garrett Clyde Miller v. Charlotte Elaine Miller

This is a divorce suit brought by appellee, Charlotte Elaine Miller, against appellant, Garrett Clyde Miller. Appellant did not answer or appear and on March 28, 1977, the trial court entered a default judgment. Thereafter, on April 26, 1977, the trial court, in response to appellee's motion for partial new trial, entered an order granting a partial new trial as to the division of community property, debts, and attorneys' fees. On May 11, 1977, the trial court entered a new decree of divorce finding that a divorce was granted between the parties on March 28, 1977; entered additional orders as to the division of property more favorable to appellee; and decreed that appellant pay certain attorney's fees to appellee's attorney. Both the March 28, 1977, judgment and the May 11, 1977, judgment recite that appellant was duly and legally served with process but failed to appear and wholly made default. Such judgments further recite that the court heard evidence. This case is before us without a statement of facts.