Berry v. Berry

Opinion of the Court by

ACOBA, J.

We hold that (1) the Family Court of the First Circuit (the court) 1 did not abuse its discretion in denying Petitioner’s October 9, 2009 Motion to Set Aside Divorce Decree (Motion to Set Aside) seeking to set aside the November 21, 2008 Decree Granting Absolute Divorce and Awarding Child Custody (Divorce Decree) because Petitioner/Defendant-Appellant Wayne Foster Berry (Petitioner) had notice that his failure to appear at a scheduled settlement conference would result in default, and the court acknowledged that Petitioner’s motion was for Hawaii Family Court…