Wright v. Wright

In Wright v. Wright, 270 Ga. 229 (509 SE2d 902) (1998), appellant initially had an attorney but the attorney withdrew and appellant proceeded pro se. Id at 230. The matter was set for jury trial, but due to a clerical error, the appellant was not given notice of the trial date, although he received a subpoena for the production of documents directing him to appear at the courthouse three days later to provide documents "for use as evidence by the Plaintiff." Id. The subpoena did not indicate that the matter was set for trial. The appellant did not appear and the trial court struck his answer and jury demand, conducted a hearing, and entered a final judgment and decree of divorce deciding issues such as child custody and support. Id. In reversing the trial court's denial of appellant's motion to set aside, the Supreme Court found that appellant was not provided with adequate notice of the trial date. "There is no evidence of actual knowledge of the trial date, only the month. Such knowledge did not provide appellant with adequate notice of the trial date." Id at 231.