Evans v. Evans

The trial court refused to set aside a divorce decree obtained by default. The wife appeals and we reverse.

We find that the default judgment was entered without the three-day notice period required under A.R.Civ.P. rule 55 (b)(2) and, further, that the learned trial judge abused his discretion when he refused to grant appellant's timely rule 55 (c) motion to set aside the judgment.

In reviewing this case we rely upon the following statement of facts set out in the wife's brief and adopted by the husband: On April 4 (all dates are 1983), the husband filed a petition for divorce in Montgomery…