Wagner v. Wagner

I respectfully disagree with the court's decision to remand this case to the superior court for further proceedings on whether Richard Wagner voluntarily failed to appear at trial. In my view: (1) the superior court's finding that Richard's absence from trial was voluntary is not clearly erroneous; (2) Richard has made no showing he was prejudiced by not participating in the trial; and, therefore, (8) the superior court's decision to conduct trial without Richard was not an abuse of discretion. I would recognize Felicia Wagner's right to an orderly, prompt, and effective disposition of this…