Holmes v. Roberson-Holmes

I respectfully dissent because I find that the trial court abused its discretion in denying husband’s motion to set aside the final judgment of divorce and grant a new trial.

After the trial court conducted the divorce trial in husband’s absence, husband pro se filed a motion seeking to set aside and for a new trial on the merits. He argued that he was prevented from attending the trial because he was hospitalized out of state on that date. Wife responded through counsel pointing out that the allegations were without proper evidentiary support. According to the trial court’s order, the pro se…