Opinion
No. 01-10-00303-CV
Opinion issued June 1, 2010.
Original Proceeding on Petition for Writ of Mandamus.
Panel consists of Justices KEYES, HANKS, and HIGLEY.
MEMORANDUM OPINION
The underlying case is Karen Anne Carsey v. John Dewitt Duggan, No. 2008-03717 in the 308th Judicial District Court of Harris County, Texas, the Hon. Georgia Dempster, presiding.
By petition for writ of mandamus, relator, John Dewitt Duggan, challenges the trial court's alleged failure to give timely notice of trial.
On October 12, 2009, the trial court signed an order granting default judgment. Direct appeal is the proper means to challenge a trial court's failure to give timely notice of trial. See Blanco v. Bolanos, 20 S.W.3d 809, 811-12 (Tex. App.-El Paso 2000, no pet.); Barnes v. Barnes, 775 S.W.2d 430, 431 (Tex. App.-Houston 1989, no writ). Here, no appeal was filed and the period to file a direct appeal has expired. See Tex. R. App. P. 26.1. Therefore, we lack jurisdiction to address Duggan's mandamus. See Int'l Union v. Gen. Motors Corp., 104 S.W.3d 126, 130 (Tex. App.-Fort Worth 2003, no pet.). We dismiss the petition for writ of mandamus for lack of jurisdiction.
A party may challenge a default judgment by a bill of review after the period to file a direct appeal has elapsed. Caldwell v. Barnes, 154 S.W.3d 93, 96 (Tex. 2004).