Legal Opinion

Rocio Esmeralda Mercado Soto Linch v. Ronald B. Linch

Wyoming Supreme Court

Decided November 10, 2015No. S-15-0073PublishedCited by 18 opinions

1Opinion of the Court

HILL, Justice.

[T1] In 2014, Rocio Linch filed a W.R.C.P. 60(b)(4) motion in district court seeking to set aside a 1999 default judgment granting her husband, Ronald Linch, a divorce. The district court denied Ms. Lineh's motion on the ground that the motion was not filed within a reasonable time. Although the district court erred in denying Ms. Linch's motion solely on the basis of her delay in filing the motion, we find that Ms. Linch has failed to establish that the default judgment is void and we therefore affirm the district court decision denying her Rule 60(b)(4) motion.

ISSUES

[12] Ms.…

2Cases cited33 opinions

  1. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  2. Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
  3. Spitznas v. BooneCourt of Appeals for the Tenth Circuit · 2006
  4. Jackson v. Fie Corp.Court of Appeals for the Fifth Circuit · 2002
  5. V. T. A., Inc. v. Airco, Inc.Court of Appeals for the Tenth Circuit · 1979

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3Cited by18 opinions

  1. Meiners v. MeinersWyoming Supreme Court · 2019
  2. MH v. First Judicial District Court of Laramie County, Honorable Peter H. Froelicher presidingWyoming Supreme Court · 2020
  3. Boyd Van Fleet v. Marceline A. GuyetteWyoming Supreme Court · 2020
  4. McCallister v. State (In re Worker's Comp. Claim Of)Wyoming Supreme Court · 2019
  5. In the Matter of the Termination of Parental Rights To: Tjh, Minor Child, Christine Dawn Herden v. State of Wyoming, Ex Rel. Department of Family ServicesWyoming Supreme Court · 2021

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