ALFONSO v. SKADDEN

No. 07-0321.

251 S.W.3d 52 (2008)

Ana Maria Tarquis ALFONSO, Petitioner, v. Michael SKADDEN, Respondent.

Supreme Court of Texas.

Rehearing Denied May 16, 2008.


Attorney(s) appearing for the Case

Pamela E. George, Eugene Paul Tausk, James Gregory Rytting, Hilder & Associates, Houston TX, for Petitioner.

Michael Skadden, Michael Skadden & Associates, Ted Hirtz, Houston TX, for Respondent.


PER CURIAM.

In this collateral attack on a child-custody default judgment, the underlying record affirmatively showed lack of subject-matter jurisdiction because the child had lived in Texas for only 25 days. The court of appeals held otherwise, presuming missing parts of the record might support jurisdiction. We agree courts must indulge all reasonable presumptions favorable to a judgment under collateral attack, but disagree that they can indulge a presumption that...

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