Malzahn v. Malzahn

Reversed and remanded for an evidentia-ry hearing on the appellant’s motion to *1360vacate. After securing a temporary restraining order on November 18, 1988, without notice to the appellant, the appellee scheduled a hearing on temporary support for November 22, 1988. Appellant was served dissolution suit papers on the same day, November 22, 1988, and, according to a subsequently filed motion to vacate was unable to secure the services of an attorney, prepare for, and attend the hearing because of the lack of notice. The trial court entered an order granting temporary relief and, when the…