In Re Marriage of Melone
Opinion
Opinion
Kline, J.
Appellant Horatio Robert Melone appeals from a denial of his motion to vacate and set aside a pendente lite order for spousal support and attorney’s fees and costs awarded upon his default to respondent J. Helen Melone. He contends the lower court erred in refusing to set aside the order which, he claims, was marred by respondent’s fraudulent conduct. We reject this contention, affirm the judgment and remand for a determination of a proper award of attorney’s fees and costs to respondent.
Statement of the Case
Respondent filed a petition for legal separation on August 30, 1985. At that time she also filed her property declarations and her income and expense declaration.
In conjunction with that submission respondent filed her application and declaration for temporary restraining orders and for an order to show cause requesting a temporary order of spousal support and attorney’s fees and costs, along with injunctive relief.
On September 3, 1985, appellant was served with both the petition and its supporting documents and the order to show cause and its supporting documents. Appellant acknowledges receipt of service on or about September 3, 1985.