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IN RE MARRIAGE OF FAIRALL

No. 85-1814.

403 N.W.2d 785 (1987)

In re the MARRIAGE OF Charles F. FAIRALL and Susan M. Fairall, Upon the Petition of Charles F. Fairall, Appellant, And Concerning Susan M. Fairall, Appellee.

Supreme Court of Iowa.

April 15, 1987.

Attorney(s) appearing for the Case

Raymond Rosenberg and Linda R. Reade of Rosenberg, Rosenberg & Reade, Des Moines, for appellant.

Dan L. Dudley of Murray, Davoren & Dudley, Des Moines, for appellee.

Considered by REYNOLDSON, C.J., and McGIVERIN, LARSON, LAVORATO, and NEUMAN, JJ.

REYNOLDSON, Chief Justice.

We granted interlocutory appeal to determine whether a petition to partially vacate a marital dissolution decree, brought under Iowa Rules of Civil Procedure 252 and 253, must be filed and notice served within one year of final judgment to invest the district court with authority to change the decree. District court ruled the timely filing of the petition alone was sufficient to preserve petitioner's rights. We reverse and remand...

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