Matter of Gubser

GORDON, Justice:

Appellant, Shirley K. Gubser appeals from a judgment of the trial court in consolidated dependency proceedings and marriage dissolution proceedings. The Court of Appeals reversed and remanded. Gubser v. Gubser, 126 Ariz. 307, 614 P.2d 849 (1979). Taking jurisdiction pursuant to A.R.S. § 12-120.24 and Rule 23 Rules of Civil Appellate Procedure, 17A A.R.S., we granted appellee Merlyn M. Gubser’s petition for review. The decision of the Court of Appeals is vacated.

The Gubsers’ marriage was dissolved in 1974. Under the terms of a separation and property settlement agreement,…