Melcher v. Melcher

Sears, Presiding Justice.

We granted an application for discretionary appeal in this case to consider the extent of a trial court’s discretion to grant a new trial when a final divorce decree is entered without notice to and in the absence of the defendant. We conclude that, under the circumstances of this case, the trial court did not err in granting a new trial.

In the present case, Ms. Melcher filed the divorce action in June 2000. Although Mr. Melcher did not file an answer, his attorney maintained contact with Ms. Melcher’s attorney, and engaged in set tlement negotiations during the fall…