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Francis Wolo v. Christina Wolo
Date: 11-05-2024
Case Number: 21SF-DR00025
Judge: Patrick L. King
Court: Circuit Court, St. Francois County, Missouri
Plaintiff's Attorney:
Click Here For The Best Farmington Family Law Lawyer Directory
Defendant's Attorney:
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Description:
Farmington, Missouri family law lawyers represented the parties in a divorce action.
Husband and Wife separated in October 2020 and Husband filed his petition for dissolution on January 21, 2021. Husband asked the court to appoint Always Available Service as the special process server to effectuate service of the petition on Wife. The return of service stated that on February 4, 2021, an employee (Employee) of Always Available Service effectuated service of the summons at Wife's Bonne Terre, Missouri residence by leaving a copy of the summons and petition with someone present at that home named B.M.
Wife did not file an answer or otherwise respond to the petition. On March 5, 2021, Husband filed his motion for default judgment which the trial court set for hearing on April 5, 2021. At that hearing, the court entered judgment by default awarding Husband sole legal and physical custody of the parties' minor child, granted wife certain visitation, ordered Wife to pay child support, and awarded Husband the marital residence and his retirement accounts.
On November 1, 2021, Wife filed a motion to modify the judgment. The motion did not seek to set aside the judgment and did not argue that service was defective or that the court lacked personal jurisdiction over Wife. In fact, Wife argued the trial court had jurisdiction to modify the judgment and she sought changes to the original judgment's custody scheme and to terminate her child support obligation. The court denied the motion on December 16, 2022.
Around a year later, in November 2023, Wife filed her motion to set aside the default judgment as void ab initio due to faulty service. At the hearing, B.M. testified that she spent time at the address listed on the service return, but that she did not reside at that home. Wife confirmed that B.M. did not reside there. Employee testified he had no memory of the service but that he routinely confirmed that the recipient resided at the residence before effectuating service. Husband stated he asked for a special process server because Wife was regularly absent for weeks or months at a time.
Wolo v. Wolo, ED112428 (Mo. App. Nov 05, 2024)
Husband and Wife separated in October 2020 and Husband filed his petition for dissolution on January 21, 2021. Husband asked the court to appoint Always Available Service as the special process server to effectuate service of the petition on Wife. The return of service stated that on February 4, 2021, an employee (Employee) of Always Available Service effectuated service of the summons at Wife's Bonne Terre, Missouri residence by leaving a copy of the summons and petition with someone present at that home named B.M.
Wife did not file an answer or otherwise respond to the petition. On March 5, 2021, Husband filed his motion for default judgment which the trial court set for hearing on April 5, 2021. At that hearing, the court entered judgment by default awarding Husband sole legal and physical custody of the parties' minor child, granted wife certain visitation, ordered Wife to pay child support, and awarded Husband the marital residence and his retirement accounts.
On November 1, 2021, Wife filed a motion to modify the judgment. The motion did not seek to set aside the judgment and did not argue that service was defective or that the court lacked personal jurisdiction over Wife. In fact, Wife argued the trial court had jurisdiction to modify the judgment and she sought changes to the original judgment's custody scheme and to terminate her child support obligation. The court denied the motion on December 16, 2022.
Around a year later, in November 2023, Wife filed her motion to set aside the default judgment as void ab initio due to faulty service. At the hearing, B.M. testified that she spent time at the address listed on the service return, but that she did not reside at that home. Wife confirmed that B.M. did not reside there. Employee testified he had no memory of the service but that he routinely confirmed that the recipient resided at the residence before effectuating service. Husband stated he asked for a special process server because Wife was regularly absent for weeks or months at a time.
Wolo v. Wolo, ED112428 (Mo. App. Nov 05, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Francis Wolo v. Christina Wolo?
The outcome was: Affirmed
Which court heard Francis Wolo v. Christina Wolo?
This case was heard in Circuit Court, St. Francois County, Missouri, MO. The presiding judge was Patrick L. King.
Who were the attorneys in Francis Wolo v. Christina Wolo?
Plaintiff's attorney: Click Here For The Best Farmington Family Law Lawyer Directory. Defendant's attorney: Click Here For The Best Farmington Family Law Lawyer Directory.
When was Francis Wolo v. Christina Wolo decided?
This case was decided on November 5, 2024.