In Re Kristen Gine' Straker v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 23, 2025
• Docket: 03-25-00418-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00418-CV

In re Kristen Gine’ Straker

ORIGINAL PROCEEDING FROM BELL COUNTY

MEMORANDUM OPINION

Relator has filed a petition for writ of mandamus complaining of the trial court’s

October 4, 2023 default divorce decree and all orders following it. She seeks “(a) partial

affirmance of the single sentence dissolving the marriage, (b) reversal and remand of every

remaining provision of the decree, and (c) strictly ministerial restitution and turnover relief—

including a directive that the Office of the Attorney General credit or refund all improperly

collected support to Relator.”1 Relator argues the divorce decree and all orders thereafter were

“entered without lawful service, without compliance with the Servicemembers Civil Relief Act,

and without the sworn financial disclosures or best-interest findings required under Texas law.”2

“Mandamus is not an appropriate means of reviewing a final default judgment

rendered while the trial court had jurisdiction to do so.” In re Barber, 982 S.W.2d 364, 368

Relator’s Supplemental Statement Regarding Relator’s Amended Petition for Writ of 1

Mandamus. 2 Relator’s Amended Petition for Writ of Mandamus. (Tex. 1998) (orig. proceeding); see PNS Stores, Inc. v. Rivera, 379 S.W.3d 267, 275 (Tex. 2012)

(discussing difference between void default judgments and voidable default judgments).

“Instead, after the time for regular appeal has run, such a judgment may be attacked only by

restricted appeal or equitable bill of review.” In re Barber, 982 S.W.2d at 368.

Having reviewed the petition, the responses from the real parties in interest, and

the record provided, we deny the petition for writ of mandamus. See Tex. R. App. P. 52.8(a).

__________________________________________ Chari L. Kelly, Justice

Before Chief Justice Byrne, Justices Kelly and Ellis

Filed: July 23, 2025