Muscio v. Muscio

Plaintiff appeals from the trial judge’s refusal to set aside a default judgment entered when plaintiff and her counsel failed to appear for trial.

Plaintiff instituted an action for divorce in 1970, with defendant filing a counter-complaint shortly thereafter. The lower court record indicates that the parties engaged in a protracted period of litigation with a rather frequent exchange of allegations and accusations. All efforts to negotiate a settlement were in vain.

The case had been set for trial a number of times previously and a final date for trial was set for March 25, 1974. Plaintiff’s…