SCHWEIGERT v. SCHWEIGERT, 2015 OK 20

Mother filed petition for dissolution and sought custody with supervised visitation.
Father was personally served June 15, 2010, appeared at the temporary-order hearing, but did not file an answer or entry of appearance.
A default divorce decree was entered on August 24, 2011 noting Father’s default, with custody to Mother and child support of $283.01; no notice of default hearing to Father is shown.
Two years later, Father moved to vacate the decree alleging fraud and lack of due process; district court denied the motion; CA affirmed; Supreme Court granted certiorari.
Court held that Rule 10 requires a filed motion for default and notice after any appearance; appearance can be physical presence; vacation remanded for reconsideration in light of this ruling.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Rule 10 require a motion for default and notice after appearance?	Father argues appearance triggers Rule 10 notice.	Mother argues no notice if address unknown and no filing of appearance.	Yes; motion and notice are required after appearance.
What constitutes "made an appearance" under Rule 10?	Father's in-person appearance constitutes appearance.	Mother contends no appearance due to lack of formal filing.	Appearance includes physical presence at a hearing, triggering Rule 10.
Remand: should the district court revisit the motion to vacate on due process grounds?	Father seeks vacatur consistent with Rule 10 defects.	Mother disputes the merits on appeal but not necessary here.	Remand to reconsider the motion to vacate in light of Rule 10.

Ferguson Enterprises, Inc. v. H. Webb Enterprises, Inc., 2000 OK 78 (OK Supreme Court (2000)) (default judgment procedure and irregularities; Rule 10 context)
Bovasso v. Sample, 1982 OK 84 (OK Supreme Court (1982)) (notice of taking default not required where no appearance)
Knell v. Burnes, 1982 OK 35 (OK Supreme Court (1982)) (irregularity to vacate for failure to follow standards in default judgments)