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O'Neill v. O'Neill

Court of Appeals of Missouri, Eastern District, Fourth Division

March 31, 2015

MATTHEW G. O'NEILL, Respondent,
v.
STEFANIE D. O'NEILL, Appellant

Page 52

Appeal from the Circuit Court of the City of St. Louis. Honorable Elizabeth B. Hogan.

Mary D. Benoit, St. Louis, MO, for appellant.

Sharon E. Cody, St. Charles, MO, for respondent.

Patricia L. Cohen, Presiding Judge. Roy L. Richter, J., and Robert M. Clayton III., J., concur.

OPINION

Page 53

Patricia L. Cohen, Presiding Judge

Introduction

Stefanie O'Neill (Wife) appeals a judgment of the Circuit Court of the City of St. Louis denying her motion to set aside a default judgment dissolving her marriage to Matthew O'Neill (Husband), distributing property, ordering child support, and awarding the parties joint legal and physical custody of the parties' three minor children. We reverse and remand.

Factual and Procedural Background

Wife and Husband married in October 1998. The parties had three children born during the marriage. Wife and Husband separated in December 2013, and Husband filed his petition for dissolution on January 28, 2014.

Page 54

On March 3, 2014, Mother received a copy of the petition and a summons, which required Wife to " appear before this court and to file [her] pleading to the pleading . . . all within 30 days after receiving this summons . . . ." Wife did not file a responsive pleading. On April 9, 2014, Husband filed a notice of hearing on his petition for dissolution of marriage, setting it for hearing on May 1, 2014.

Wife and Husband appeared in court on May 1, 2014, and the trial court continued the case. The trial court entered the following order: " Cause continued to May 20, 2014 at 9:30 am to allow (Wife) opportunity to file ...


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