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MADSEN v. MADSEN

No. 52048.

731 S.W.2d 324 (1987)

Robert Clem MADSEN, Appellant, v. Anita Ann MADSEN, Respondent.

Missouri Court of Appeals, Eastern District, Division Seven.

Motion for Rehearing and/or Transfer Denied June 9, 1987.

Application to Transfer Denied July 14, 1987.

Attorney(s) appearing for the Case

Kimyard H. Tucker, St. Louis, for appellant.

Catalina Margarita Alvarez, Clayton, for respondent.

CLEMENS, Senior Judge.

In this case plaintiff-husband moved to convert a previous decree of legal separation into a decree of dissolution, pursuant to § 452.360.3, RSMo 1986. Although the wife was personally served with the husband's motion, she was never given notice of the hearing thereon. Nevertheless, on July 23, 1985, the trial court entered a default decree of dissolution to the husband.

Eight months later the wife moved to set aside the ex parte...

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