In Re the Marriage of Fairall
Supreme Court of Iowa
1Opinion of the Court
REYNOLDSON, Chief Justice.
We granted interlocutory appeal to determine whether a petition to partially vacate a marital dissolution decree, brought under Iowa Rules of Civil Procedure 252 and 253, must be filed and notice served within one year of final judgment to invest the district court with authority to change the decree. District court ruled the timely filing of the petition alone was sufficient to preserve petitioner’s rights. We reverse and remand the case to district court with instructions to dismiss the petition.
There is little dispute about the facts underlying this controversy.…
2Cases cited23 opinions
- Poulsen v. RussellSupreme Court of Iowa · 1981
- Tigges v. City of AmessSupreme Court of Iowa · 1984
- Shaw v. AddisonSupreme Court of Iowa · 1945
- Sorenson v. SorensonSupreme Court of Iowa · 1963
- Cunningham v. Iowa Department of Job ServiceSupreme Court of Iowa · 1982
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- In re the Marriage of Susan Gayle Hutchinson and Robert Gregory Hutchinson, In re the Marriage of Susan Gayle Hutchinson and Robert Gregory Hutchinson v. Upon the Petition of Susan Gayle Hutchinson, And Concerning Robert Gregory HutchinsonSupreme Court of Iowa · 2022