Guerrero v. Guerrero

Thompson, Chief Justice.

We granted the discretionary application of Timothy Guerrero (husband) under our Rule 34 (4) to determine whether the trial court erred in its denial of a motion for new trial in this divorce and child support action. After reviewing the record, we find that husband was not properly served with the summons and complaint, and therefore, we reverse the trial court’s order denying husband’s motion for new trial.

Husband and wife, Beth Guerrero, were married in July 2003. Together they had four children, all of whom are minors and reside with their mother in Butts County,…