Muscelli v. Muscelli

OPINION

Appellant argues that the district court erred in granting respondent’s motion for summary judgment because questions of material fact remain. We agree.

In this action appellant seeks to set aside a divorce decree and property settlement agreement on the grounds of extrinsic fraud. Extrinsic fraud consists of fraud which prevents the opposing party from knowing its rights or defenses, or from having a fair opportunity to present them at trial. A judgment obtained by extrinsic fraud may later be set aside. Murphy v. Murphy, 65 Nev. 264, 193 P.2d 850 (1948); Lauer Et Al. v. District…