Edward Paul Laine v. Gale T. Gregory-Laine
Kansas Court of Appeals
120 P.3d 802 (2005)
[Editor’s Note: This case can also be found under the title “In Matter of Marriage of Laine.”] Edward and Gale Laine were married in Indiana in 1994 and moved to Texas. The couple had one child. After Edward and Gale became estranged, Edward moved to Kansas. In January 2002, Gale filed for divorce in Texas. Edward filed an answer and two counterpetitions in the Texas divorce action. On October 15, 2003, the court issued a temporary restraining order restraining Edward from instituting any actions in another jurisdiction concerning the dissolution of the marriage, spousal and child support, child custody, or other matters incident to a divorce proceeding. Two days later, Edward filed for divorce in Kansas. Edward asked the Kansas court to award him property in Kansas that Edward had acquired during the marriage. Edward also sent a letter to the Texas court informing the Texas court of the Kansas divorce action. Edward did not appear in the Texas court for a hearing on the restraining order. The Texas court issued a supplemental temporary injunction barring Edward from instituting or prosecuting divorce proceedings until the resolution of the Texas divorce proceedings. Gale received a service of process from the Kansas court but did not appear in Kansas for the divorce action. At a default divorce proceeding in the Kansas court, Edward informed the court of a domestic proceeding in Texas involving custody and visitation rights but did not mention the Texas court’s temporary injunction. In December 2003, the Kansas court granted Edward a default judgment for divorce and awarded Edward various marital assets. Gale filed a motion in the Texas court to set aside the Kansas court divorce. The Kansas court granted Gale’s motion, and Edward appealed.
Rule of Law
Holding and Reasoning (Pierron, J.)
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