Albrecht v. Albrecht

LEMMON, Judge.

This is an appeal from the dismissal of an action to annul a default judgment which had granted the husband’s reconventional demand for separation based on abandonment.

On February 1,1978 Mrs. Albrecht filed a petition for separation based on cruelty. *522On February 22, 1978 her husband filed an answer and reconventional demand for separation, denying the cruelty and alleging that Mrs. Albrecht had abandoned him without lawful cause.

On April 26, 1978 Mr. Albrecht’s counsel entered a preliminary default, and the judgment was confirmed on May 4, 1978. At the confirmation hearing the…