Opinions, May 28, 2015

The First District Court of Appeals issued its Memorandum Opinion in Masoud v. Handler, No. 01-14-00439-CV (Tex.App.–Houston [1st Dist.] May 28, 2015) today. In that case, Masoud did not appear for trial and a default divorce decree was entered. He filed a motion for new trial, claiming he did not have notice of the trial date. The trial court, the 328th Judicial District Court in Fort Bend County, denied the motion and Masoud appealed.  The record established that Masoud was sent notice of the trial setting via certified mail (which went unclaimed) and Handler testified that Masoud avoided service of divorce-related documents. Handler also presented evidence that Masoud still lived at the address she attempted to serve him at. Indeed, he conceded at the hearing on the motion for new trial that he had been served at that address in another proceeding. Additionally, evidence from the process server indicated service was attempted on him five times. The Court of Appeals affirmed the denial of the motion for new trial.

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