Gutierrez v. Gutierrez

KRUCKER, Judge.

Raymond Gutierrez instituted an action for absolute divorce in the Superior Court of Cochise County. His wife answered and counterclaimed for an absolute divorce. From the decree of divorce entered December 5, 1972, the wife has appealed.

The appellant first asserts that the divorce decree should be declared void because the trial court failed to wait the five days required by Rule 58(d), Rules of Civil Procedure, 16 A.R.S. for objections to the form of judgment. The decree was signed and entered December 5 and a copy sent to appellant’s attorney on the same day.

Failure to…