in Re John D. Duggan

• Court: Court of Appeals of Texas
• Decided: June 1, 2010
• Docket: 01-10-00303-CV
• Status: Published

Opinion

Opinion issued June 1, 2010

In The

Court of Appeals

For The

First District of Texas

NO. 01-10-00303-CV

IN RE JOHN DEWITT DUGGAN, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION ⁽¹⁾

By petition for writ of mandamus, relator, John Dewitt Duggan, challenges the trial court's alleged failure to give timely notice of trial.

On October 12, 2009, the trial court signed an order granting default judgment. Direct appeal is the proper means to challenge a trial court's failure to give timely notice of trial. See Blanco v. Bolanos, 20 S.W.3d 809, 811-12 (Tex. App.--El Paso 2000, no pet.); Barnes v. Barnes, 775 S.W.2d 430, 431 (Tex. App.--Houston [1st Dist.] 1989, no writ). Here, no appeal was filed and the period to file a direct appeal has expired. See Tex. R. App. P. 26.1. Therefore, we lack jurisdiction to address Duggan's mandamus. See Int'l Union v. Gen. Motors Corp., 104 S.W.3d 126, 130 (Tex. App.--Fort Worth 2003, no pet.). We dismiss the petition for writ of mandamus for lack of jurisdiction. ⁽²⁾

Per Curiam

Panel consists of Justices Keyes, Hanks, and Higley.

1. The underlying case is Karen Anne Carsey v. John Dewitt Duggan, No. 2008-03717 in the 308th Judicial District Court of Harris County, Texas, the Hon. Georgia Dempster, presiding.

2. A party may challenge a default judgment by a bill of review after the period to file a direct appeal has elapsed. Caldwell v. Barnes, 154 S.W.3d 93, 96 (Tex. 2004).