Spilsbury v. Spilsbury

OPINION

Jacklyn and Jerald Spilsbury were divorced in April, 1974. A portion of the decree “ratified, affirmed, approved and confirmed” a property settlement agreement.

In August, 1974, Jacklyn filed a motion, under NRCP 60(b), to set aside the decree challenging, inter alia, the property settlement agreement on the basis of (1) fraud; (2) misrepresentation by Jerald; and, (3) mistake as to the value of community assets.

At the conclusion of an evidentiary hearing, the district court resolved all three contentions against Jacklyn in an order entered January 28, 1975. Instead of timely appealing…