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Void Divorce Judgment Rendered, but how to stop it from being Entered?

Houston, TX |

I discovered that the trial court does not have jurisdiction over the case. Judge proceeded to trial anyway over my repeated objections before and during trial, and my non-participation at trial although present.
Judge made announced his ruling thus judgment "rendered". But how can I stop him from "entering" the judgment? Please tell both ways 1) via trial court motion, and 2) via appropriate Court of Appeals. I do NOT want to wait until judgment is "entered"...I want to go to Court of Appeals prior to that.

Attorney Answers 4

Posted

You have nothing to appeal until the judgment is entered. The judge must sign the judgment. Then you file a motion for new trial reiterating your reasons the court lacked jurisdiction. Get the motion set. Get it overruled or granted. If overruled, file notice of appeal. Why don't you get a lawyer? You won't get far without one, either on a motion for new trial or appeal to the court of appeals.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

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4 lawyers agree

Posted

I agree with the other attorney. You have to wait until the judgment is entered in order to appeal the ruling. Otherwise you have nothing to appeal.

I would also urge you to hire an attorney.

You will need to get the court reporter to make a record of the entire court proceeding in order to send it to the Appeals Court. That takes time for the court reporter to prepare it. You need to order it from the court reporter. You need to pay for it.

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1 lawyer agrees

Posted

If the court lacked jurisdiction, there is case law out there that says any order is void and that can be collaterally attacked at any time. That said, the order is probably going to be entered even over your objection. I think that a mandamus might be the more appropriate plea to the court of appeals, but that would take research to determine. Please retain counsel.

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Posted

I agree that the Judgment has to be final in order to appeal. However, are you SURE that the court lacks jurisdiction. Be careful - obviously the court disagrees with you. Why do you believe that jurisdiction lies elsewhere ?
Also, was this a decision by an Associate Judge?
If so, you have a few days after the Judgment is signed, to ask for a trial de novo from the referring court (the District Court Judge who occupies the bench in that Court; cases may be referred to an Associate Judge or !V-D Assoc Judge for decision; you can ask for the referring court to hear the case again - a brand new trial.)
Again, be sure that your conclusion regarding juriisdiction is correct.

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