The request was denied. Findings and recommendations were entered by a family court commissioner that same date and all the papers relative to the proceeding were transmitted to the family court judge. See Rule 129.08. The trial court's docket entries reflect husband's motion for rehearing was denied October 6, 1998. This appeal followed.
Husband presents two points on appeal.
This court agrees. A court's judgment to grant or to deny a motion to set aside a default judgment is independent of the underlying judgment. The issues included in husband's motion for rehearing were conclusively settled by the dismissal of his appeal of the underlying judgment. Those issues may not be relitigated. Wife testified at the evidentiary hearing that she never told husband or led him to believe the case would not go to trial.