Brown v. Brown

I respectfully dissent. Neither Appellant’s motion nor the record before us supports a claim that the dissolution decree was a void judgment. At best, the motion alleges that the dissolution court’s finding that the parties had been validly married was procured by Respondent’s intrinsic fraud. That allegation will not support relief under either Rule 74.05(d) or Rule 74.06(b) because the motion to set aside was filed more than one year after entry of the judgment. Nor can such allegation form the basis for relief under Rule 74.06(d) because an independent action in equity can be used to set…