Fitzgerald v. Fitzgerald
Annotate this CaseAfter the dissolution of her marriage to Father, Mother sought a modification of child custody and related matters. Father was personally served but defaulted. The district court first entered a default modification order. The court subsequently entered a second order vacating the first order based on the fact that Father was not given notice of the default hearing. Mother appealed, contending that the second order was an abuse of discretion. Father cross-appealed, challenging the first order. The Supreme Court dismissed Father's cross-appeal and affirmed the district court's order vacating the first order, holding (1) because the first order was a final order from which Father did not timely appeal, Father could not use his cross-appeal to attack it; and (2) precedent does not forbid a court from promptly vacating a default modification order for failure to comply with an approved local district court rule requiring notice of the motion for default.
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