Wilson v. Wilson

GERALD M. SMITH, Presiding Judge.

Husband appeals from the denial of his motion pursuant to Rule 74.06(b) to set aside a judgment entered in a dissolution of marriage case. We reverse and remand.

Wife filed a petition for dissolution of marriage in Osage County on May 6,1994. Husband filed a motion to dismiss that action on May 25, 1994, on the grounds that he had filed a prior action in Pike County on April 29,1994. That motion was not ruled on prior to the date the dissolution decree was issued in July 1995. In November 1994, the Pike County action was voluntarily dismissed by the husband,…