Vonsmith v. Vonsmith

DONNELLY, Judge.

Appellant, John M. Vonsmith, was personally served with summons and a petition for dissolution, but filed no responsive pleading. A default judgment was entered against him on October 14, 1981. He did not file a motion to set aside or vacate the decree. He did file a notice of appeal in the Eastern District of the Court of Appeals on November 20, 1981.

The cause was heard and submitted to Judges Reinhard, Crist and Crandall. Judges Reinhard and Crandall held the view that no appeal lay from the default judgment because no motion to set aside or vacate had been filed. See…