Legal Opinion · Dissent

In Re Marriage of Short

Supreme Court of Iowa

Decided March 22, 1978No. 60210Published

1DissentUhlenhopp, Justice

My problem with the court’s decision is that the record requires us to speculate that the original dissolution decree is wrong on the merits. Respondent husband did not *724file an answer in defense to petitioner’s petition for dissolution, and in respondent’s own petition to vacate the dissolution decree he did not aver a defense to the original petition. Presumably the original petition sought and the original decree granted the usual three main items of relief: dissolution, custody, and economic provisions. If respondent has an objection or complaint as to any terms of the decree, he should…

2Cases cited15 opinions

  1. Toney Gomes, Jr. v. Ellen L. WilliamsCourt of Appeals for the Tenth Circuit · 1970
  2. Consolidated Masonry & Fireproofing, Inc. v. Wagman Construction CorporationCourt of Appeals for the Fourth Circuit · 1967
  3. Central Operating Company v. Utility Workers of America, Afl-CioCourt of Appeals for the Fourth Circuit · 1974
  4. In Re the Marriage of WilliamsSupreme Court of Iowa · 1972
  5. Ingridhutte Kurt Wokan v. Alladin International, Inc.Court of Appeals for the Third Circuit · 1973

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