Legal Opinion

In Re the Marriage of Kraut

Montana Supreme Court

Decided February 20, 1986No. 85-420Published

1Opinion of the CourtChief Justice Turnage

This divorce case is before the Court for the second time. The first time the case was here, we affirmed the District Court’s denial of wife’s Rule 60(b), M.R.Civ.P., motion to vacate a dissolution of marriage order. In Re the Marriage of Kraut (1985), [215 Mont. 170,] 696 P.2d 981, 42 St.Rep. 268. We held that the judgment dissolving the marriage was not void and therefore could not be vacated pursuant to Rule 60(b). Kraut, 696 P.2d at 983. We suggested, however, that the dissolution order itself could be reviewed by this Court only after Rule 54(b), M.R.Civ.P., certification. Kraut, 696…

2Cases cited5 opinions

  1. Paramount Publix Corp. v. BoucherMontana Supreme Court · 1933
  2. In Re the Marriage of KrautMontana Supreme Court · 1985
  3. Sowerwine v. SowerwineMontana Supreme Court · 1965
  4. Interstate Counseling Service v. EmelineMontana Supreme Court · 1964
  5. Taylor v. SouthwickMontana Supreme Court · 1927

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