Mootz v. Mootz

CARVER, Justice.

A. Robert Mootz appeals from a divorce judgment granted to his wife Katherine Mootz following a trial at which neither Mootz nor his counsel were present. We affirm because (1) Mr. Mootz’s motion for new trial was properly overruled since his motion failed to set up a “meritorious defense,” supported by affidavits or other evidence, (2) the evidence was sufficient to support the amount fixed as an attorney’s fee, and (3) the trial court may consider “fault” of a spouse in determining a “just and right” division of the estate of the spouses to be made upon the granting of a…