Evangelina Lopez Guzman Zaragoza v. Miguel Zaragoza Fuentes
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 31, 2026
Docket01-24-00497-CV
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Opinion issued August 31, 2026
In The
Court of Appeals
For The
First District of Texas
———————————
NO. 01-24-00497-CV
———————————
EVANGELINA LOPEZ GUZMAN ZARAGOZA, Appellant
V.
MIGUEL ZARAGOZA FUENTES, Appellee
On Appeal from the 245th District Court
Harris County, Texas
Trial Court Case No. 2014-30215
CONCURRING OPINION
We’re 12 years, 10 mandamus petitions, and 4 appeals into this divorce case
and we still don’t know if these nonagenarians are married. I join the Court’s opinion
because the trial court’s comity decision fell within the leeway given a trial court’s
discretion. But I write separately to suggest an approach on remand that could—
depending on the facts developed—get this case out of the doldrums and sailing
toward a resolution.
Rule 308b is the Texas procedure for recognizing foreign judgments. As the
Court today notes, one of the substantive issues at a Rule 308b hearing is whether
the foreign judgment was obtained in a manner that is consistent with American
notions of due process.
Both in its comments at the motion to dismiss hearing and in its conclusions
of law the trial court here stated a belief that a Rule 308b hearing would look at
whether the Mexican divorce decree at issue was obtained consistent with Mexican
law. Were that the case, the trial court would have been indisputably correct in
stating it was “necessary” to wait for the Mexican proceedings to resolve.
But because a Rule 308b hearing will look at the application of American law
to past facts, a resolution of the Mexican proceedings is not necessarily helpful to a
308b analysis. The Mexican courts are unlikely to weigh in on whether a Mexican
divorce decree was obtained in a manner that comported with American law. The
proceedings involve the same litigants so they can bring in the same evidence here
they’re using in the Mexican courts.
Indeed, at this point the litigation in Mexico is no longer about the divorce
itself but seems to be about whether Evangelina’s purported lawyer had authority to
settle a challenge to the Mexican divorce in a Mexican court. The answer to that
2
question will not affect a Rule 308b analysis. In fact, it would likely take multiple
rounds of litigation in Mexico to get an answer that would impact this case. It’s
altogether possible the Mexican litigation will leave the divorce decree in place but
provide no helpful input to a Texas court; if the Mexican courts determine
Evangelina’s purported lawyer had authority to settle the case, or that she
procedurally defaulted her claims in some way, that would not inform an analysis
into whether the 1959 decree comports with American due process. Considering that
the Mexican litigation has gone on for over a decade with no end in sight, the
prospects of help from the south are dim.
Rather than waiting on a ship that may never come in, or which may arrive
with an empty hold, the trial court here can just have a Rule 308b hearing now. If
the evidence at the hearing shows the Mexican divorce did not comport with
American due process, then the results of the Mexican litigation do not matter here
and this case can proceed to trial. If the evidence shows the Mexican divorce
comports with American due process and is otherwise admissible, then we’d be back
to waiting for the results of the Mexican litigation, but we’d be no worse off than
where we are now.
I think having the hearing now is the best available option, but I cannot say
the trial court abused its discretion. The test our Court has adopted for international
comity has many fact-based factors all in pursuit of “reasonableness.” As the Court
3
today notes, applying abuse-of-discretion review to this decision “is a
reasonableness analysis layered on a reasonable analysis.” It would be an
extraordinary situation where such a ruling was an abuse of discretion.*
So while we cannot order the trial court to hold a Rule 308b hearing, I urge it
to do so on remand. Without prejudging the result of such a hearing, it is the only
course that might lead to a trial in the foreseeable future.
Clint Morgan
Justice
Panel consists of Justices Gunn, Caughey, and Morgan.
Morgan, J., concurring.
*
Of course this Court held the trial court abused its discretion on a comity ruling in
Acain v. International Plant Services, LLC, 449 S.W.3d 655 (Tex. App.—Houston
[1st Dist.] 2014, pet. denied). In that case we adopted our current test for
international comity and announced that comity rulings were subject to abuse-of-
discretion review. Id. at 659. Under that standard, a trial court’s ruling is given
deference and generally affirmed if there is some evidence supporting it, even if the
evidence is mixed.
But in Acain, we acknowledged the evidence was mixed on the various factors then
reversed the trial court’s comity decision because, we said, the opposite decision
was “not unreasonable.” Id. at 664-65. That does not sound like abuse-of-discretion
review to me, it sounds like a standard that would almost never affirm a trial court’s
comity decision. I approve of the Court’s decision today to take a “do as they said,
not as they did” approach to Acain.
4