Texas Judiciary Online - HTML Opinion

^{^[1]} Esther=3Ds petition for divorce identifies her as = ADuruji Esther Oby.@ However, at the divorce hearing, = Esther=20 testified that her name was Esther Oby Duruji. Therefore, we = refer=20 to her as Esther Oby Duruji.

^{^[2]} Obinna testified that he served = in this=20 capacity from October 2001 until May 2003.

^{^[3]} An associate judge presided at = the divorce=20 hearing.

^{^[4]} The financial information = statement Esther=20 is apparently referring to was not admitted into evidence at the = divorce=20 hearing and it was not included in the clerk=3Ds record.

^{^[5]} At one point during = the=20 hearing, Obinna asked the trial court to direct its attention to = his first=20 amended petition and claim of res judicata, but he did not ask the = court=20 take judicial notice of any documents attached to the = petition. =20

^{^[6]} The record does not contain a = motion for=20 contempt and/or sanctions.

^{^[7]} In his appellate brief, Obinna = attempts to=20 support some of his arguments with documents contained in the = appendix to=20 his brief. However, many of these documents are not in the=20 record. We cannot consider documents attached as appendices = to=20 briefs and must consider a case based solely upon the record = before the=20 trial court. See Cherqui v. Westheimer Street Festival = Corp.,=20 116 S.W.3d 337, 342 n.2 (Tex. App.CHouston [14th Dist.] 2003, no pet.); = Nguyen v.=20 Intertex, Inc., 93 S.W.3d 288, 292B93 (Tex. App.CHouston [14th Dist.] 2002, no = pet.). =20

^{^[8]} Esther=3Ds appellate brief includes a request for = sanctions=20 against Obinna for filing a frivolous appeal. See = Tex. R. App. P. = 45. =20 Although we agree that Obinna=3Ds appeal is not a model of clarity, we = deny=20 Esther=3Ds request for sanctions because Obinna = is entitled=20 to a reversal and remand on part of his appeal.

^{^[9]} The Full Faith and Credit Clause = of the=20 United States Constitution states that full faith and credit shall = be=20 given in each state to the judicial proceedings of every other=20 state. Thus, Chapter 35 applies to court decisions from = other=20 states, not other countries. See, e.g., Schacht v. = Schacht,=20 435 S.W.2d 197, 202 (Tex. Civ. App.CDallas 1968, no writ) (stating that full faith = and=20 credit did not apply to require that Texas court recognize Mexican = divorce=20 decree).

^{^[10]} Although Obinna = claims that=20 the United States and Nigeria have a reciprocity agreement to = honor each=20 other=3Ds judgments, and = United=20 States judgments are accorded full faith and credit and routinely = enforced=20 in Nigeria, he cites no authority for this = proposition.

^{^[11]} In trial court cause no. = 2005-44163, the=20 suit on Obinna=3Ds petition to enforce the foreign = judgment, the=20 record contains no reporter=3Ds record from any hearing in which the = Nigerian=20 decree could have been put in evidence, and, in the = clerk=3Ds record, Obinna=3Ds petition does not have a copy of the = Nigerian=20 decree attached to it, and no copy of it appears anywhere in the=20 clerk=3Ds record in that suit.

^{^[12]} In his reply brief, = Obinna=20 also claims that, because the parties were no longer married on = July 11,=20 2004, the trial court lacked personal and subject matter = jurisdiction over=20 him and the children. However, it is undisputed that Esther = filed=20 her divorce action in Harris County before Obinna filed his = divorce action=20 in Nigeria, thus invoking the jurisdiction of the Texas = court. In=20 response, Obinna answered and counterclaimed for relief in the = Harris=20 County action; he also appeared for the hearing on the divorce in = which he=20 contested the divorce, child support, and property division on the = merits. By these actions Obinna waived any issue relating to = the=20 trial court=3Ds exercise of=20 jurisdiction. See Baker v. Monsanto Co., 111 S.W.3d = 158, 161=20 (Tex. 2003) (the filing of an answer is deemed a general = appearance=20 submitting a party to the jurisdiction of the court for all = reasons);=20 Dawson‑Austin v. Austin, 968 S.W.2d 319, 322 (Tex. = 1998) (a party=20 makes a general appearance if he invokes the trial = court=3Ds judgment on a = question=20 other than jurisdiction, recognizes that action is properly = pending before=20 court, or seeks affirmative action from court).

^{^[13]} Although not raised by = Esther, we=20 note it is unclear whether Obinna could satisfy the requirements = of res=20 judicata because of the possibility that the Nigerian decree is = not a=20 final judgment. In his amended answer in the divorce action, = Obinna=20 claims the final judgment entitled to res judicata is the = Adecree absolute,@ but the document in the record is not a = decree=20 absolute. This document is entitled AEnrolment of Order@ and reflects that the Nigerian court = granted a=20 ADecree Nisi.@ Moreover, in the hearing on the = motion for=20 new trial, Obinna argued that the Nigerian court Adeferred the issue of child = support@ because the children were outside the=20 jurisdiction of the court. However, we express no opinion on = the=20 authenticity or finality of the document.

^{^[14]} In his statement of the issues, = Obinna also=20 complains that the trial court erred in failing to expressly rule = on his=20 res judicata claim, but the argument section of his brief contains = no=20 argument and cites no authority in support of this issue. = Therefore,=20 it is waived. See Tex. R. App. P.=20 38.1(h).

^{^[15]} There is no allegation or = evidence that=20 Obinna was intentionally unemployed or = underemployed.

^{^[16]} In Obinna=3Ds ninth issue, he claims the trial court = Aerred or abused its = discretion@ by excluding admissible evidence of his = federal=20 student loan. However, Obinna does not state which of the = trial=20 court=3Ds holdingsCthe property division or the child=20 supportCthe alleged error affects. = Moreover, Obinna=20 does not include any argument or authorities in support of the=20 issue. Therefore, we hold he has waived this issue. = See=20 Tex. R. App. P.=20 = 38.1(h).