Pearson v. Pearson

TIBBS, District Judge:

This is an appeal from a district court order setting aside certain provisions in a default decree of divorce based on Rule 60(b)(7), Utah Rules of Civil Procedure. The appellant seeks to have the order reversed and the original Judgment and Decree of Divorce reinstated.

The facts are that after an amended complaint was filed, the respondent went to the office of appellant’s attorney. He alleges an oral agreement was entered into with the attorney which settled the terms and the conditions of the divorce differently than were alleged in the amended complaint. The alleged…