Husband who abused drugs during marriage could set aside default judgment

Tennessee case summary on default judgment in divorce.

Husband entitled to set aside default judgment, despite drug use.

Tina Marie Eltzroth v. Danny Ray Eltzroth

The husband and wife in this Sevier County, Tennessee, case were married in 2000 and had a child who was born in 2007. The wife filed for divorce 2021. The husband was served but did not file an answer. The wife filed a default judgment and the husband failed to appear at the hearing. The trial court entered default judgment with a permanent parenting plan. The wife was awarded the marital vehicle and home. She was also given 365 days of parenting time per year. The husband, whose drug addiction had been a problem throughout the marriage, was only allowed to visit under supervision. He was also ordered to pay $615 per month child support.

Several months later, the husband made a motion to set aside the default judgment. The husband acknowledged receiving the complaint but claimed that he had not received notice of the default hearing.

The judge in the trial court, Rex H. Ogle granted the motion. The appeals court noted that de novo review was used, with a presumption of accuracy of the factual findings of trial court. The court also stated that the burden of proof falls on the party seeking relief. She also argued he did not update his address and that he was not able to make a meritorious defense. It had a basis in evidence. The appeals court acknowledged that the husband’s defense was “rather general.”

But it was still not difficult to discern what his objections were. It held that there was at least a reasonable possibility that the husband would fare better than he did, had he been allowed to present a defense.

After reviewing all of the evidence, the appeals court concluded that the evidence did not preponderate against the lower court’s ruling. It affirmed the decision of the lower court and remanded it. It also assessed the appeal costs against the wife.