Koby v. Koby

Hines, Justice.

We granted the application for discretionary appeal in this divorce case to determine if the trial court was correct in denying the motion to set aside the judgment. Finding that the trial court granted relief beyond that requested in the unanswered complaint, we affirm in part and reverse in part.

Tina Elizabeth Bowen Koby and Thornton P. Koby were married in 1995. They separated in October 2001; there were two children of the marriage. Mr. Koby filed a complaint for divorce in February 2002, and Ms. Koby signed an acknowledgment of service. Ms. Koby retained counsel but did…