MOOTZ v. MOOTZ

No. 20434.

615 S.W.2d 247 (1981)

A. Robert MOOTZ, Appellant, v. Katherine MOOTZ, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 23, 1981.


Attorney(s) appearing for the Case

Bill R. Kinder, Eberstein, Morris, Smith & Kinder, Dallas, for appellant.

Edmund Burke, Dallas, for appellee.

Before AKIN, CARVER and STOREY, JJ.


CARVER, Justice.

A. Robert Mootz appeals from a divorce judgment granted to his wife Katherine Mootz following a trial at which neither Mootz nor his counsel were present. We affirm because (1) Mr. Mootz's motion for new trial was properly overruled since his motion failed to set up a "meritorious defense," supported by affidavits or other evidence, (2) the evidence was sufficient to support the amount fixed as an attorney's fee, and (3) the trial court may consider...

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