Matter of Marriage of Daley

Dan L. Daley, who failed to appear when Linda R. Daley’s petition for dissolution was called to trial, appeals the trial court’s order of default. Dan contends that the order of default is void and should have been vacated because he pleaded and appeared prior to trial. We reverse.

Dan and Linda Daley were married for 22 years. In January 1992, Linda filed a summons and petition for dissolution. Upon receipt, Dan filed an acceptance of service, notice of appearance, and a pro se response to the petition. Both of the parties subsequently appeared for a status conference. In a document from that…