In re: Anthony Gagnon, Relator

Quitman, Texas family law lawyers represented husband and wife in a divorce.

Relator married Real Party in Interest Kristina Gagnon in 2001 in the state of California, where they both resided at that time. On July 23, 2018, Kristina filed a petition for divorce in Los Angeles County. While the divorce was pending, Relator and his dating partner, Lynn Bess, moved to Wood County, Texas, taking with them assets and cash alleged to be community property. On March 17, 2023, the California Family Court rendered a "Default Judgment for Dissolution of Marriage by Default" (the California Judgment). The judgment ordered that Relator and Kristina are divorced, determined child custody and child support obligations for their minor child, and divided their community and separate property. Relevant to this proceeding, the California Judgment awarded Kristina an equalization payment from Relator in



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the amount of $269,093.29. Relator did not appeal the California Judgment, nor did he file a supersedeas bond in the California court.



Subsequently, on November 9, 2023, Kristina petitioned for domestication of the California Judgment in the 402nd District Court in Wood County, Texas, pursuant to Chapter 35 of the Texas Civil Practice & Remedies Code. Relator alleges that he was not properly served with notice of the petition, stating, "Despite the exercise of due diligence, Plaintiff did not discover Defendant's fraud until more than thirty (30) days after rendition of the judgment." However, Relator did not object to the petition, and the California Judgment became a final and enforceable judgment of the district court (the Texas Judgment). On January 22, 2024, pursuant to Kristina's motion as the judgment creditor, Respondent appointed James W. Volberding, an attorney at law and a certified public accountant, as receiver for Relator (Receiver), and ordered Relator to provide Receiver specific financial documents and records (the Receivership Order). Relator did not appeal the Receivership Order and did not produce the documents and records specified therein, leading Receiver to move for Relator to show cause why he should not be held in contempt of court for failure to comply.



Parallel to the Texas proceedings, Relator moved the California Family Court to reopen the portion of the California Judgment allocating his and Kristina's assets. The California Family Court granted Relator's motions, and in its written order stated, "The property division orders of the judgment filed March 21, 2023 (and signed March 17, 2023) are hereby ordered vacated as being void, effective forthwith... Any and all property divisions of the judgment are thus considered void, and the Court hereby orders that enforcement of all property provisions of the judgment are immediately stayed forthwith." The California Family Court further vacated the default it entered against Relator in 2018, ordered Kristina to serve an amended petition for dissolution of marriage and amended property declarations, and ordered Relator to respond thereto. However, the order leaves in place Relator's and Kristina's divorce as well as the child custody and support arrangements.



Thereafter, Relator filed a motion to terminate the receivership and compel an accounting, alleging that because the California Family Court vacated the portion of the California Judgment which awarded Kristina the equalization payment, the domesticated Texas Judgment is necessarily void and cannot support enforcement proceedings. Respondent denied Relator's motion, and Relator subsequently filed this original proceeding.[2]...



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In re Gagnon, 12-24-00280-CV (Tex. App. Oct 11, 2024)

Having determined that Relator has not shown an entitlement to mandamus relief, we deny the petition for writ of mandamus. We lift our stay of October 2, 2024. All pending motions are overruled as moot.