Jezierny v. Biggins

This action for divorce was initiated by the plaintiff (husband) in the family court, without counsel, alleging that the marriage is irretrievably broken. The defendant (wife) is named in the complaint by her maiden name. Defendant, without counsel, filed a written appearance and consent to hearing without her presence, and the matter came on for hearing before the family court with only the plaintiff present. The record does not disclose precisely what happened at this hearing, but the minutes state: "An Amended Complaint and Appearance and Waiver with respect to said Complaint will be filed by Plaintiff wherein caption will set forth Defendants name as Catherine L. Jezierny". Subsequently, by counsel, defendant filed written objections to the amendment of pleadings and moved for a hearing on her objections. A "Decision and Order" denying defendants objections to amendment of the pleadings and dismissing her motion was filed by the court. Defendant filed a notice of appeal from this order.