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Beth M. Johnson
Oct 8, 20246 min read
Rule 306a Motions to Extend Post Judgment Deadlines
In 2023, the legislature amended Texas Government Code Section 80.002 to include a provision requiring courts to provide notice of orders...
Beth M. Johnson
Jan 17, 20235 min read
Post-Divorce Property Issues
Once a divorce is final, the trial court lacks any authority to modify that final decree’s property division. Tex. Fam. Code § 9.007(a)....
Beth M. Johnson
Aug 23, 20225 min read
Motions for New Trial
New trials may be granted and a judgment may be set aside for good cause. Tex. R. Civ. P. 320. Ineffective Service A defendant can...
Beth M. Johnson
Jul 9, 20213 min read
Contempt and Specificity of Orders
An order for contempt must be supported by a reasonably specific underlying order. To hold a party in contempt for violating a court...
Beth M. Johnson
Mar 9, 20212 min read
Default Orders Must Be Supported by Evidence
In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer. Tex. Fam. Code § 6.701. So,...
Beth M. Johnson
Oct 20, 20203 min read
Restricted Appeals Can Be an Effective Tool to Undo Default Judgments
We generally think of the 30-day window after a final order as the only time in which a party can appeal. However, if there was clear...
Beth M. Johnson
Sep 2, 20203 min read
Property Orders Cannot Be Modified, BUT There Might Be Room for Clarification
There is an entire chapter of the Texas Family Code devoted to modification of child-related orders. However, a property division—like...