Brown v. Brown

IRVING, J.,

for the Court.

¶ 1. Owen Brown appeals from a judgment of the Chancery Court of Lowndes *788County dismissing his Rule 60(b) motion to set aside the judgment of divorce rendered upon a complaint filed by his wife, Kay Brown. In his appeal, he asserts a single issue: whether the chancellor abused her discretion in failing to set aside the judgment of divorce against him since he had personally appeared in court on temporary matters and subsequently received no notice of the trial on the merits. .

¶ 2. Ascertaining reversible error, we reverse and remand.

FACTS

¶ 3. On October 22, 2001, Kay…