Morgan v. Valley

GRISBAUM, Judge.

In this divorce proceeding, June Valley Morgan appeals the trial court’s finding that she is not free of fault and therefore not entitled to permanent alimony. The issue involves relitigation of fault in a divorce proceeding based on living one year separate and apart when the judgment dismissing the fault issue in the separation proceeding is being appealed.

On January 30, 1980, Rodney Stephen Morgan filed suit against his wife, June Valley Morgan, seeking a legal separation on the grounds of cruel treatment or alternately mutual fault between the parties. Mr. Morgan later…