Legal Opinion
In Re the Marriage of Flannagan
Court of Appeals of Washington
Decided November 25, 1985No. 7591-1-II; 7684-5-IIPublishedCited by 46 opinions
1Opinion of the CourtAlexander, J.
—The issue presented in these consolidated cases is whether the Uniformed Services Former Spouses Protection Act (USFSPA) may be applied retroactively to dissolution decrees that were final and were not appealed after the Supreme Court decision in McCarty v. McCarty and before enactment of the USFSPA. While we recognize the importance of finality of judgments, some situations justify an exception to this "doctrine of finality." We hold that the circumstances presented in these cases are sufficiently extraordinary to permit the use of a CR 60(b) (11) motion to reexamine the final decrees in…
2Cases cited26 opinions
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Klapprott v. United StatesSupreme Court of the United States · 1949
- McCarty v. McCartySupreme Court of the United States · 1981
- Davis v. Globe MacHine Manufacturing Co.Washington Supreme Court · 1984
- In Re the Application for a Writ of Habeas Corpus of SantoreCourt of Appeals of Washington · 1981
21 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Kingery v. Department of Labor & IndustriesWashington Supreme Court · 1997
- Kingery v. Dept. of Labor and IndustriesWashington Supreme Court · 1997
- In Re Marriage of GalloSupreme Court of Colorado · 1988
- Graves v. Department of GameCourt of Appeals of Washington · 1994
- Lane v. Brown & HaleyCourt of Appeals of Washington · 1996
41 more not listed; retrieve them via the Exa API.