Saunders v. Smith

Where the wife in a pro confesso divorce proceeding dies 29 days after the date of the proceedings but before a formal judgment of divorce has been entered, may a written nunc pro tunc judgment of divorce be entered? On June 17, 1976, the trial court held "yes” and defendant-husband appeals of right.

Phyllis and Harry Smith, defendant, were married in April, 1945, and lived together until February, 1974, when they separated and Phyllis filed a complaint for divorce. No children were born of the marriage. An answer and counter-complaint were filed by the defendant in April, 1974. On March 30,…