Butler v. Butler

After Wylie Neal Butler (defendant) left his wife Nancy (plaintiff) and moved to Louisiana with their daughter, deliberately concealing his whereabouts, Nancy filed for divorce in Texas and spent nearly two years unable to locate him for personal service, despite engaging multiple sheriff's departments, a private investigator, and Louisiana's welfare department; she eventually learned his location only when he served her with his own Louisiana separation and custody action. The Texas court authorized substituted service by certified mail to Wylie Neal's Louisiana attorney, which was delivered; Wylie Neal made a special appearance to challenge service but never filed an answer or presented evidence the court lacked jurisdiction, and the court proceeded to grant Nancy a divorce, custody, child support, and attorney's fees, ruling he had waived his special appearance. Wylie Neal appealed.