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COMANCHE NATION v. FOX

No. 03-03-00151-CV.

128 S.W.3d 745 (2004)

The COMANCHE NATION and Jennifer Perry, Appellants v. Joseph N. FOX and Patricia M. Fox, Appellees.

Court of Appeals of Texas, Austin.

February 12, 2004.

Attorney(s) appearing for the Case

Jennifer Perry, Apache, OK, pro se.

Janis Flanagan Darley, Horning, Grove, Hulett, Thompson & Comstock, Lon J. Darley, Hiltgen & Brewer, PC, Oklahoma City, OK, for Appellant Comanche Nation.

Cynthia Borgfeld Smith, Cynthia Borgfeld Smith, PC, Georgetown, for Appellees.

Before Chief Justice LAW, Justices B.A. SMITH and PATTERSON.

OPINION

BEA ANN SMITH, Justice.

This case involves a post-answer default judgment in a child-custody dispute and requires us to determine the proper standard under which to review a motion for new trial in such a case. The child's mother, Jennifer Perry, and intervenor, the Comanche Nation, appeal a final order modifying conservatorship of the child between Perry and the child's paternal grandparents, Joseph and Patricia Fox. Perry and the Comanche Nation...

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