Legal Opinion · Dissent

Cavell v. Cavell

Nevada Supreme Court

Decided September 13, 1974No. 7248Published

1DissentThompson, C. J.

NRCP 60(b)(3) allows a court to relieve a party from a final judgment that is void. Such a judgment may be challenged at any time. Dredge Corp. v. Peccole, 89 Nev. 26, 505 P.2d 290 (1973); Foster v. Lewis, 78 Nev. 330, 337, 372 P.2d 679 (1962); La Potin v. La Potin, 75 Nev. 264, 266, 339 P.2d 123 (1959). The Nevada divorce decree explicitly declared that the wife was not entitled to an award of alimony. This aspect of the divorce judgment now is challenged as void. The challenge is good.

The Nevada divorce court was without power to adjudicate the wife’s right to support since it did not…

2Cases cited7 opinions

  1. Vanderbilt v. VanderbiltSupreme Court of the United States · 1957
  2. Armstrong v. ArmstrongSupreme Court of the United States · 1956
  3. Sweeney v. SweeneyNevada Supreme Court · 1919
  4. Foster v. LewisNevada Supreme Court · 1962
  5. La Potin v. La PotinNevada Supreme Court · 1959

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