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JOY v. JOY

No. 8658.

734 P.2d 811 (1987)

105 N.M. 571

Johnny Wayne JOY, Petitioner-Appellant, v. Annette Christine JOY, Respondent-Appellee.

Court of Appeals of New Mexico.

February 26, 1987.

Attorney(s) appearing for the Case

Richard L. Kraft, Sanders, Bruin, Coll & Worley, P.A., Roswell, for petitioner-appellant.

Kevin J. Hanratty, Klipstine & Hanratty, Artesia, for respondent-appellee.

OPINION

DONNELLY, Chief Judge.

Husband appeals from an order entered pursuant to NMSA 1978, Civ.P.Rule 60(b) (Repl.Pamp. 1980) (recompiled as SCRA 1986, Rule 1-060(B)), vacating a decree of divorce approximately six months after it was entered and dismissing the action without prejudice. The central issue raised on appeal is whether the evidence adduced at the motion to vacate the decree, indicating that the parties continued to live together and share the...

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