Cynthia Lee Dawson-Austin, Petitioner v. William Franklin Austin, Respondent

Summary

The Texas Supreme Court held that the district court lacked personal jurisdiction over the nonresident wife and therefore could not divide the marital estate, reversing the lower court's decree and remanding for a divorce judgment only. The Court also clarified that an unsworn special appearance can be cured by amendment and that motions filed in the same instrument do not waive the special appearance. Justice Baker, dissenting, would have affirmed the lower courts' judgment dividing the estate.