Memorandum Opinion by Justice Womack, 02-25-00184-CV, February 05, 2026.
On appeal from the 360th District Court, Tarrant County
Synopsis
The Fort Worth Court of Appeals affirmed a final divorce decree, holding that an attorney’s physical appearance and announcement of “ready” waives any procedural challenge to the 45-day notice requirement under Texas Rule of Civil Procedure 245. Furthermore, the Court reaffirmed that an appellant’s failure to provide a reporter’s record creates an irrebuttable presumption that the evidence presented at trial supports the court’s findings on conservatorship, access, and child support.
Relevance to Family Law
This case serves as a stark warning to family law practitioners regarding the “announcement of ready” and the technical requirements of the Texas Rules of Appellate Procedure. In high-stakes SAPCR litigation—where a parent’s access may be entirely terminated due to endangerment findings—procedural missteps in the trial court and a failure to secure the reporter’s record on appeal will effectively insulate the trial court’s discretion from appellate review. It underscores that an attorney’s actions in open court bind the client, even when the client is physically absent due to collateral legal restrictions like criminal bond conditions.
Case Summary
Fact Summary
The litigation involved a divorce and SAPCR proceeding where the Appellant (Husband) was represented by counsel at trial but proceeded pro se on appeal. Following a final trial, the court entered a decree appointing the Wife as sole managing conservator, denying Husband all possession and access to the children based on endangerment findings, and ordering monthly child support of $1,015. Although Husband was subject to a criminal bond condition prohibiting him from being within 500 feet of the Wife, the divorce decree reflected that his attorney of record physically appeared and announced “ready” on his behalf. On appeal, Husband argued he received only four days’ notice of the trial setting and challenged the evidentiary basis for the conservatorship and support orders. However, despite multiple notices from the appellate clerk, Husband failed to request or pay for the reporter’s record.
Issues Decided
The Court addressed whether a party may challenge the 45-day notice requirement of Rule 245 when their attorney appears and announces ready. Additionally, the Court considered whether an appellant can prevail on sufficiency of the evidence challenges regarding child support and custody findings in the absence of a reporter’s record.
Rules Applied
The Court applied Texas Rule of Civil Procedure 245, which requires at least 45 days’ notice for a first trial setting, but allows for waiver through agreement or appearance. The Court also relied on Texas Rules of Appellate Procedure 34.6 and 37.3 regarding the appellant’s burden to provide a record. Under established Texas precedent, when there is no reporter’s record, the appellate court must presume that the omitted evidence is sufficient to support the trial court’s findings.
Application
The court’s analysis turned on the principles of waiver and the presumption of regularity. Regarding the notice issue, the Court noted that while Rule 245 is mandatory, a party waives the right to complain of insufficient notice if they fail to object. Here, because the Husband’s attorney of record appeared and announced “ready,” any defect in the timing of the notice was waived as a matter of law. The Court rejected the Husband’s characterization of the decree as a default judgment, noting that an appearance through counsel constitutes a contested trial on the merits.
Moving to the evidentiary issues, the Court addressed Husband’s claims that the trial court erred in its endangerment findings and child support calculations. Because Husband failed to file a reporter’s record, the Court was unable to review the testimony or exhibits admitted at trial. Consequently, the Court applied the “no-record presumption,” assuming the trial court heard sufficient evidence to justify the complete denial of access to the children and the imposition of child support obligations. The Court emphasized that even if the Husband believed no evidence was taken, the decree’s recitation that a record was made and that “the court received evidence” was controlling in the absence of a transcript to the contrary.
Holding
The Court held that the trial court did not err in proceeding to trial because the Husband’s attorney of record waived the 45-day notice requirement of Rule 245 by appearing and announcing “ready” without objection. This announcement effectively bound the Husband, regardless of his personal notice or physical absence from the courtroom.
The Court further held that the Husband could not sustain his challenges to the conservatorship, access, or child support orders. Without a reporter’s record, the Court must presume the evidence supported the trial court’s findings that Husband’s access would endanger the children and that the support amount was consistent with the statutory guidelines and Husband’s resources.
Practical Application
For the practitioner, this case emphasizes that an “announcement of ready” is a terminal act for procedural notice complaints. If a client has not received the 45-day notice required by Rule 245, counsel must object on the record and seek a continuance; appearing and announcing ready cures any previous notice defect. Additionally, this case highlights the absolute necessity of the reporter’s record in family law appeals. Without it, the “presumption of regularity” is virtually impossible to overcome, particularly in abuse-of-discretion reviews common in SAPCR litigation.
Checklists
Preserving Notice Errors under Rule 245
- Verify the date of the first trial setting and the date notice was received.
- If notice is less than 45 days, file a written, verified motion for continuance immediately.
- Avoid making a general “ready” announcement.
- Object on the record to the insufficient notice before the commencement of testimony.
- Ensure the trial court’s ruling on the notice objection is captured in the record.
Securing the Appellate Record in Family Law Appeals
- File the written request for the reporter’s record with the official court reporter simultaneously with the notice of appeal.
- Designate specific exhibits and testimony necessary for the appeal.
- Make immediate financial arrangements with the court reporter or file an Affidavit of Indigence (Rule 145).
- Monitor the appellate clerk’s notices regarding the filing status of the record.
- If the court reporter fails to file the record, timely move for an extension of time to ensure the appeal is not submitted on the clerk’s record alone.
Citation
Kellus Joseph Bravo v. Corraima Bravo, No. 02-25-00184-CV (Tex. App.—Fort Worth Feb. 5, 2026, no pet. h.) (mem. op.).
Full Opinion
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