In Interest of JLB

In Interest of JLB
1996 WY 57
914 P.2d 828
Case Number: C-95-7
Decided: 04/18/1996
Supreme Court of Wyoming

In the Interest of JLB, JMB and JNB, minor children.

[¶1]           We are asked to review an adoption proceeding in which three children were adopted by their natural father and his new wife.  The children's   natural mother opposed the adoption, but failed to appear at the contested hearing  after being properly served. As a result, the district court entered a default judgmentagainst the children's natural mother. An adoption decree was issued and the  natural mother's parental rights were terminated.

[¶3]           The natural mother's pro se brief appears to ask whether thechildren willbenefit from knowing and being in contact with their natural mother. The natural  father and his wife articulate the following issues:

    1. The District Court did not err, as a matter oflaw, when it granted Appellees'   Petition for Adoption and Termination of Parental Rights.

    2. This appeal should not be considered based uponAppellant's failure to comply  with the Wyoming Rules of Appellate Procedure and failure to provide cogent  argument or authority.

[¶4] The children's natural father and stepmother instituted adoptionproceedings. The children's natural mother opposed the adoption and a hearing was scheduled. The children's natural mother was properly served pursuant to Wyo. Stat. § 1-22-107 (1988). The natural mother failed to appear at the hearing either in person or via tele-conference. During the hearing, testimonywas heard and the district court made its decision to terminate the parental rights of the natural mother and to approve the adoption by default. A default judgment was entered in  favor of the adopting parents. The natural mother filed a timely appeal.

III. DISCUSSION

 A. STANDARD OF REVIEW

[¶5]           Entry of default judgment is mandatory in adoption proceedingsif one     party fails to appear at the hearing. Wyo. Stat. § 1-22-108(a) (Cum.Supp. 1995).  A default judgment can only be reversed pursuant to W.R.C.P. 60. The natural mother in this case never filed a W.R.C.P. 60 motion to set aside the default. We normally do not review the entry of a default judgment in theabsence of a W.R.C.P. 60(b)  motion. Whitney v. McDonough,892 P.2d 791, 793 (Wyo. 1995). However,  in the interest of judicial economy and in light of the natural mother's pro se status, we will  review the default judgment entered in this case.

  B. ANALYSIS

[¶6]           The district court did not err when it entered default judgmentin favor of the  natural father and his wife. Wyo. Stat. § 1-22-108(a) states:

When the persons required to be served as provided inW.S. 1-22-107have been served personally or by publication and do not appear at the      hearing, a default shall be entered against them and theyshall be bound by  the findings and judgment of the court.

[Emphasis added.]

[¶7]           The natural mother of these children was properly served and had evencalled to make arrangements with the judge to appear at the hearing by telephone.   In Murray v. Murray, 894 P.2d 607, 608 (Wyo. 1995), we held that due process guarantees a person involved in legal proceedings a meaningful opportunity to be heard and that the due process right can be vindicated by allowing the individual to attend the hearing via teleconference.That right was protected in this case, but the natural mother failed to call and, thus, failed to appear as required by Wyo.  Stat. § 1-22-108(a). The ensuing entry of default was mandated by statute.

[¶8]           Relief from a default judgment is available under W.R.C.P.60(b) forexcusable neglect, among other reasons. The burden of proof is on the appellant  to show that her actions constituted excusable neglect. Whitney, 892 P.2d at 794.     We do not believe that the natural mother's failure to attend the hearing via tele-conference, after having made arrangements to do so, isexcusable neglect.  Thus, the natural mother has failed to carry the burden of demonstrating that her failure to attend the hearing was the sort of excusable neglect covered by W.R.C.P. 60(b). Therefore, the judgment implementing the adoption decree and   terminating the natural mother's parental rights must be affirmed.

IV. CONCLUSION

[¶9]        The decision of the district court is affirmed.