Sowers v. Sowers

GARRARD, Judge.

This appeal arises from the trial court’s granting of a Trial Rule 60 motion for relief from a judgment by the respondent, husband, in a marriage dissolution action in which the petitioner, wife, secured a default judgment.

The wife contends that the granting of the motion for relief from judgment was improper on several grounds:

1. That the motion failed to allege or demonstrate a meritorious defense;

2. That the motion failed to specify the surprise, mistake or excusable neglect relied on;

3. That the motion was granted ex parte and that she, as opposing party, was not afforded…