Opinion
A-1211-20
05-18-2022
JANELL VANDERWALL, Plaintiff-Respondent, v. JOSHUA VANDERWALL, Defendant-Appellant.
Joshua Vanderwall, appellant pro se. Respondent has not filed a brief.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted May 9, 2022
On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Atlantic County, Docket No. FM-01-0493-19.
Joshua Vanderwall, appellant pro se.
Respondent has not filed a brief.
Before Judges Fasciale and Sumners.
PER CURIAM.
Defendant appeals from a December 10, 2020 final judgment of divorce (FJOD). Plaintiff filed her divorce complaint in January 2018. Defendant did not comply with discovery requests and the judge struck defendant's answer and dismissed defendant's counterclaim. Defendant's status remains in default. Plaintiff's counsel filed a motion on notice seeking the FJOD, which led to a Zoom hearing on December 10, 2020-defendant did not attend. The judge treated the proceeding as a default judgment hearing. The judge accepted the proposed FJOD but only after evaluating on the merits the pending issues, including equitable distribution of property.
Plaintiff did not file an appellate brief.
Defendant primarily argues that the judge violated his constitutional rights by conducting the proceeding without his presence. Before the hearing that led to the FJOD, defendant did not move to vacate the order suppressing/dismissing his pleadings. By not doing so, his answer and counterclaim remain suppressed and dismissed. After the Zoom hearing, defendant did not move to vacate the FJOD. Although the judge was within his discretion under Rule 5:5-10, on this record, we decline to assess the merits of defendant's appeal, which we dismiss without prejudice.
If desired, defendant can file motions in the trial court seeking to vacate the suppression/dismissal order and the FJOD. We take no position on the merits of those motions, or any other motions that defendant might file in the trial court.
Appeal dismissed without prejudice.