Moody v. Moody

OPINION

The issue in this divorce case is the availability of relief under T.R.C.P. 60.02 to a party, who did not personally receive notice of entry of the final decree until after the expiration of the time for appeal. The trial judge granted relief, set aside the decree, and immediately reinstated it. The Court of Appeals affirmed and on consideration of the merits of the appeal, modified the decree of the trial judge with respect to the disposition of real property.

The facts are not in material dispute. The parties, by complaint and cross-complaint, sought a decree of divorce. On July 20,…