Ellis v. Ellis

By failing to file a responsive pleading, the wife waived any right to notice regarding the final hearing on the divorce.

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In this divorce action, which falls under this Court’s Pilot Project, Bonnie Lou Ellis “Wife” contends that the trial court erred by conducting a final hearing in her absence and entering a judgment on the pleadings in favor of Otis Dan Ellis “Husband”. Because Wife filed no responsive pleadings and thereby waived notice of a final hearing, we affirm. The record shows that Otis Dan Ellis filed a complaint for divorce in June 2008, and Bonnie Lou Ellis, who was not represented by counsel at the time, acknowledged service of Husband’s complaint but failed to file any responsive pleading. Wife eventually retained counsel, Mr. Law, who filed his entry of appearance on Wife’s behalf on August 11, 2008. However, Mr. Law also did not file a responsive pleading to Husband’s complaint. Husband’s attorney, Mr. Turner, provided Mr. Law with a notice of the final hearing, which was ultimately continued, and depositions were scheduled for February 2009. According to Wife’s attorney, Mr. Turner agreed to inform him of any rescheduled date for the final hearing after it had been set by the court.1 Prior to the depositions taking place, another attorney, Ms. Sheppard, filed an entry of appearance on behalf of Husband,2 and she moved the trial court to enter a final judgment of divorce on the pleadings without holding an evidentiary hearing. Later that month, the court granted Husband’s motion.3

On February 27, 2009, Mr. Law filed a motion for new trial on behalf of Wife, relying on the alleged agreement made by Mr. Turner to provide him with notice of any final hearing date. The superior court denied this motion, holding that Wife’s counsel could not contend that the court failed to properly give Wife notice because she waived notice by failing to file any responsive pleadings, irrespective of any outside agreement between counsel.

Ellis v. Ellis

By failing to file a responsive pleading, the wife waived any right to notice regarding the final hearing on the divorce.

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