Bertin v. Bertin

Less than eighteen months after the district court entered a judgment granting Husband and Wife a divorce, Husband moved to terminate spousal support payments. Wife did not file a response or opposition to the motion but did appear with counsel at a hearing on the motion. The district court granted Husband's motion for the entry of a default judgment against Wife on the ground that Wife failed to file an objection to Husband's motion as required by Me. R. Civ. P. 7(c). The default judgment terminated spousal support. The Supreme Court vacated the judgment, holding that the court erred as a matter of law in applying Rule 7 and not Me. R. Civ. P. 105 and in failing to allow Wife to be heard on the substance of Husband's motion. Remanded. View "Bertin v. Bertin" on Justia Law