Pennington v. Pennington
Annotate this CaseHusband and wife were divorced pursuant to a final judgment and decree entered after wife failed to appear for a scheduled final hearing to determine child custody. After the trial court denied wife's motions to set aside, for new trial, and for reconsideration, she filed an application for discretionary appeal. The court held that the trial court was authorized to strike wife's pleadings; wife's failure to appear was not excused; the record did not support wife's claim of wilful participation in the proceedings; the court need not address wife's contentions that she was denied her right to a jury trial or to present and object to the introduction of evidence because the trial court was authorized to strike her pleadings; wife was provided a full hearing on the issue of child custody which she chose not to attend and she failed to set forth a valid due process claim; and the trial court did not abuse its discretion in making its property award.
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