in the Matter of the Marriage of Angelina Sandoval and Angel Sandoval and in the Interest of A.M.S., a Child
This case involves an appeal of a no-answer default judgment in a divorce proceeding between Angelina Sandoval and Angel Sandoval. Angel, the husband, sought a new trial, asserting equitable grounds under the Craddock standard and arguing improper service of process. The trial court initially denied his motion, sustaining a hearsay objection to his affidavit, a decision affirmed by the court of appeals which cited formal defects in the affidavit. However, the Supreme Court of Texas reversed this decision. The Supreme Court ruled that the trial court erred by rejecting Angel's affidavit as hearsay, clarifying that facts based on personal knowledge are not hearsay. Furthermore, the higher court found that any formal defects in the affidavit's jurat were waived by the opposing party's failure to object at the trial court level, and Angel's affidavit provided a reasonable, uncontroverted explanation for his failure to answer, setting forth a meritorious defense concerning separate property.