James v. James

Thompson, Justice.

We granted a discretionary appeal to answer this question: Whether, in this divorce case, the trial court abused its discretion in denying husband’s motion to set aside the judgment because husband was not afforded adequate notice of the date set down for trial.

Wife filed for divorce. Husband was personally served with a copy of the complaint, but he did not file an answer. Wife’s counsel obtained a rule nisi, setting an initial hearing, but subsequently had the case continued. The trial court scheduled a status conference and gave husband notice of that conference, but he…