Monday, November 5, 2007

Attempted appeal in default divorce rejected as untimely

Notice of appeal from default divorce decree granted after citation was served by alternative means was many months too late. Court of appeals mentions restricted appeal, but not bill of review.

Almazov v. Chmeleva , No. 01-06-00511-CV (Tex.App.- Houston [1st Dist.] Oct. 18, 2007)(per curiam)(default divorce, alternative, service, notice of appeal untimely, no jurisdiction to entertain appeal)(Before Justices Taft, Hanks and Higley)
Full style: Andrei Almazov v. Marina Chmeleva
Appeal from 310th District Court of Harris County - Judge Lisa Millard
Disposition: Appeal dismissed for want of jurisdiction (DWOJ)
Husband's counsel: Linda Switzer
Wife's attorney: Kathleen M. McCumber


We dismiss this appeal for want of jurisdiction.

On June 14, 2005, the trial court signed an order for alternative service, authorizing service on appellant, Andrei Almazov, by posting service of citation with a true copy of the alternative service order on the door of appellant's last known address. Subsequently, the trial court, on July 26, 2005, signed a default decree of divorce in favor of appellee, Marina Chmeleva, and against appellant. Appellant filed his notice of appeal from the decree on April 27, 2006.

Appellant filed his notice of appeal 275 days after the trial court signed the decree from which appellant desires to appeal. Appellant did not timely file his notice of appeal. See Tex. R. App. P. 26.1 (requiring notices of appeal to be filed within 30 days after the judgment appealed from is signed.); 26.1(c) (requiring notices of appeal in restricted appeals to be filed within six months after the judgment appealed from is signed).

We dismiss appellant's appeal for want of jurisdiction.


Panel consists of Justices Taft, Hanks, and Higley.

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