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Stanley v Stanley [2002] MHSC 4; 2 MILR 194 (5 June 2002)

2 MILR 194

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 00-03

(High Ct. Civil No. 1997-066)

MICHELLE STANLEY,

Plaintiff-Appellee,

-v-

CURTIS STANLEY,

Defendant-Appellant,

APPEAL FROM THE HIGH COURT

JUNE 5, 2002

FIELDS, C.J.
GOODWIN, A.J. pro tem,¹ and KURREN, A.J. pro tem²

Argued and Submitted April 17, 2002

SUMMARY:

Plaintiff filed for divorce from defendant. After failed attempts to serve defendant with the divorce papers, plaintiff obtained authorization from the High Court to serve defendant by publication. Defendant failed to appear at the divorce proceeding, and default judgment was entered against him, awarding plaintiff all marital assets, including control of the couple's company and custody of their two children. Defendant then moved the High Court to set aside the default judgment, which it refused to do. The Supreme Court affirmed.

DIGEST:

1. APPEAL AND ERROR - Review - Default Judgments: The standard of review for a High Court's refusal to set aside a default judgment under MIRCP Rule 48(a) is abuse of discretion.

2. CIVIL PROCEDURE - Default Judgments - Disposition on the Merits Preferred: A trial on the merits is favored over default judgment and that close cases should be resolved in favor of the party seeking to set aside default judgment.

3. CIVIL PROCEDURE - Default Judgments - Burden of Proof to Set Aside: When a default judgment has been entered, the party seeking to set aside the judgment bears the burden of proving that MIRCP Rule 48(a) relief is justified and that a meritorious defense exists.

4. APPEAL AND ERROR - Review - Questions of Law: Purely or predominantly legal issues are reviewed de novo.

5. APPEAL AND ERROR -Same - Same: Although typically the standard of review for a denial of a motion to vacate a judgment under MIRCP Rule 48(a) is abuse of discretion, where the motion to vacate is based on an assertion of a void judgment under MIRCP Rule 48 (ax4), the standard of review is de novo.

6. JUDGMENTS - Grounds to Vacate - MIRCP Rule 48(a)(4): Judgment may be vacated as void under MIRCP Rule 48(a)(4) only if the rendering court lacked personal jurisdiction, subject matter jurisdiction, or acted in a manner inconsistent with due process of law.

7. APPEAL AND ERROR – Review - Findings of Fact: Findings of fact are reviewed for clear error.

8. CIVIL PROCEDURE - Service of Process - Service by Publication: Where plaintiff's attempts to serve defendant at his last know address are to no avail, service by publication is the only option remaining and is therefore appropriate.