Gaines v. Gaines

OPINION

DROWOTA, Judge.

This appeal from a judgment of the Fourth Circuit Court of Davidson County presents the issue of whether, when no appeal was taken from a 1976 order of the same court modifying the support order contained in the 1975 decree granting the parties herein a divorce, appellant Claudine Claytor Gaines can now under T.R.C.P. 60.-02(5) challenge the 1976 modification order on the grounds that a support agreement entered into between the parties prior to their divorce did not merge into the divorce decree but remained a binding contract not subject to modification by the court.

The…