Barrett v. Barrett

PALMORE, Judge.

Earnest Barrett appeals from an order overruling his CR 60.02 motion to vacate a judgment awarding a divorce to his wife, Dinah Gail Barrett.

The divorce action was brought by Dinah Gail against Earnest in the Perry Circuit Court. The ground alleged was cruel and inhuman treatment. KRS 403.020(3) (b). Summons was served on March 24, 1970, at which time Earnest was living in Newport and working at Norwood, Ohio. No responsive pleading was filed. On January 29, 1971, a judgment was entered granting Dinah Gail a divorce, awarding custody of the two children of the parties to Dinah…