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ACQUANETTA v. ROSS

No. 2 CA-CV 5874.

152 Ariz. 383 (1986)

732 P.2d 1121

ACQUANETTA, Plaintiff/Appellant, v. Norman Jack ROSS, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department B.

December 18, 1986.

Attorney(s) appearing for the Case

Lewis & Roca by Jeremy Butler, Phoenix, for plaintiff/appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Brian E. Kelley, Phoenix, for defendant/appellee.

OPINION

LIVERMORE, Presiding Judge.

Appellant Acquanetta and Appellee Jack Ross entered into a separation agreement on July 14, 1982 to divide their marital property in anticipation of their divorce. The agreement was incorporated by reference into their August 3, 1982 dissolution decree issued subsequent to a default hearing. Acquanetta filed a complaint to reform or rescind the separation agreement, alleging mutual mistake, fraud and lack of capacity to...

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