In Re the Marriage of Thurston

Robert Thurston and Martyna Mandel, 1 former spouses, each appeal a 1995 decree that was entered following a trial that was conducted after the court partially vacated a 1989 dissolution decree. Primarily at issue are the propriety of the trial court’s partial vacation of the 1989 decree and the characterization and division of the parties’ property in the 1995 decree.

Because a material condition of the parties’ 1989 decree did not occur and the nonoccurrence of that condition constituted an extraordinary circumstance, the court did not abuse its discretion by granting the CR 60(b)(ll)…