Tucker v. Tucker

This case involves an A.R.C.P. rule 60 (b)(6) motion to set aside a divorce judgment.

The husband's complaint, wife's answer and waiver, and all necessary instruments were filed on June 5, 1979, with the divorce judgment being rendered on the following day. On March 4, 1980 the wife filed her motion for relief from that judgment, alleging, among other things, that the husband misrepresented material facts in the securing of the divorce and perpetrated a fraud upon the court and upon the wife. The trial court overruled her motion after an ore tenus evidentiary hearing thereon. The wife appeals.

A…