AUSTIN v. AUSTIN

No. 12990.

586 S.W.2d 937 (1979)

Victor Leon AUSTIN, Appellant, v. Mildred E. AUSTIN, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied October 3, 1979.


Attorney(s) appearing for the Case

Harriet Samon Owen, Austin, for appellant.

Terry L. Belt, Nobles, George & Belt, Austin, for appellee.


PHILLIPS, Justice.

Appellee filed suit for divorce. Trial on the merits was before the court; however, as appellee was seriously ill, she did not appear at the trial. Her deposition had not been taken, nor were there any interrogatories nor requests for admissions.

The Honorable Jack Miller presided at the trial, and at the conclusion of the evidence and argument of counsel, announced in open court the manner in which the property was to be divided. The statement...

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