In re the Marriage of Albert S. Gollnick and Jane S. Gollnick

Summary

The Montana Supreme Court reviewed the denial of Jane S. Gollnick’s motion to set aside a default judgment dissolving her marriage and dividing marital property. The court held that the District Court did not abuse its discretion under Montana Rules of Civil Procedure 55(c) and 60(b), and affirmed the judgment. The memorandum decision was designated noncitable under the Montana Supreme Court’s internal operating rules.

Holdings

1. The District Court did not abuse its discretion in denying Jane's motion to set aside the default judgment because Jane failed to act after receiving notice of the dissolution proceeding and failed to present sufficient evidence supporting relief from judgment.

Questions Presented

1. Whether the District Court abused its discretion by entering a default judgment and final decree despite notice that Jane was hospitalized.
2. Whether Jane established grounds under Montana Rule of Civil Procedure 60(b) to set aside the default judgment.
3. Whether alleged deficiencies in Albert's financial disclosures and alleged inequity or excess in the property division required setting aside the judgment.

Disposition

affirmed