Whitaker v. Whitaker

Undercofler, Presiding Justice.

The wife in this divorce case was granted upon evidence, without notice to her husband, a .final judgment forty-five days1 after he was served, but filed no answer. On the same day he sought to reopen the judgment under' Code Ann. § 81A-155 which allows for the reopening of default as a matter of right within 15 days after the answer is due. His motion was denied and he appeals claiming the divorce was premature, and defective on its face under Code Ann. § 81A-160 (d) because the record does not show he was notified of the hearing prior to judgment. We have…