Tracy Lovelace Niemann v. Ricky Lynn Niemann--Appeal from 22nd District Court of Hays County (per curiam)
Annotate this Case
Download PDF
Opinion filed August 23, 2012 In The Eleventh Court of Appeals __________ No. 11-12-00036-CV __________ TRACY LOVELACE NIEMANN, Appellant V. RICKY LYNN NIEMANN, Appellee On Appeal from the 22nd District Court Hays County, Texas Trial Court Cause No. 10-1623 MEMORANDUM OPINION This is an appeal from a final decree of divorce signed by the district court on September 28, 2011. Appellant, Tracy Lovelace Niemann, has filed a brief in this court requesting that the decree be reversed and vacated and that the cause be remanded to the district court for a de novo hearing. Appellee, Ricky Lynn Niemann, has filed in this court a Notice of Non-Opposition for Remand to the Trial Court for New Trial in which he sets out the undisputed procedural facts and states: In light of the facts state[d] above, Appellee is unopposed to this cause being remanded to the trial court for new trial. The record supports the parties assertions that appellant properly and timely requested a de novo hearing and that the district court failed to conduct a de novo hearing as required by Section 201.015(f) of the Family Code. See TEX. FAM. CODE ANN. ยง 201.015 (West Supp. 2012). The requirement that the referring court hold a de novo hearing is mandatory, and harm is presumed when a de novo hearing is not held. Att y Gen. of Tex. v. Orr, 989 S.W.2d 464, 468 69 (Tex. App. Austin 1999, no pet.). In light of the record, the controlling law, and appellee s non-opposition, we reverse and remand. The judgment of the district court is reversed, and this cause is remanded to that court for further proceedings. PER CURIAM August 23, 2012 Panel consists of: Wright, C.J., McCall, J., and Kalenak, J. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
