Richard Wagner, Appellant v. Felicia Wagner, Appellee

Summary

The court held that the superior court erred by treating Richard Wagner's absence from trial as voluntary without considering whether his employment obligations constituted good cause, and by failing to recognize his telephonic request as a legitimate continuance request under the circumstances. It reversed the finding of voluntary absence and remanded for further proceedings, including possible affidavits or an evidentiary hearing; it did not reach the merits of the property and debt division. Justice Winfree, dissenting, would have affirmed because Richard knowingly failed to follow continuance procedures, showed no prejudice, and voluntarily failed to appear.