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MAINE SUPREME JUDICIAL COURT                                                            Reporter of Decisions

Decision:       2004 ME 64

Docket:         And-03-720

Submitted

  on Briefs:    March 24, 2004

Decided:        May 10, 2004

Panel:           SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and LEVY, JJ.

CATHERINE GREENWALD

v.

HEATH GREENWALD

RUDMAN, J.

         [¶1]  Heath Greenwald appeals from a divorce judgment entered in the District Court (Livermore Falls, McElwee, J.).  Heath contends that, because he did not receive notice of the final hearing, it was error for the District Court to proceed to a final hearing in his absence.  We agree, and vacate the divorce judgment.

I.  BACKGROUND

[¶2]  Catherine Greenwald and Heath Greenwald were married on October 3, 1995, and they have two children, ages three and five.  Catherine filed her complaint for divorce on September 8, 2003.  Heath did not file a responsive pleading, but signed an acknowledgement of receipt of the summons and complaint on September 5, 2003.  By notice dated September 17, 2003, the parties were notified of a case management conference scheduled for October 9, 2003.

[¶3]  On October 8, 2003, Heath requested in writing that the case management conference be rescheduled for a later date.  The case management officer granted his request and continued the conference to November 13, 2003.  On October 9, Catherine arrived at the courthouse to attend the case management conference where she then learned that it had been continued.  She submitted a written objection to the continuance, seeking a conference with a case management officer that day.  The same case management officer noted the objection, saying that the continuance was "still granted