MICHALUK v. BURKE

No. 8954.

735 P.2d 1176 (1987)

105 N.M. 670

William MICHALUK, Petitioner-Appellant and Cross-Appellee, v. Victor BURKE, Donna Burke-Taylor and Jeffery Burke, Surviving Children of Josephine E. Michaluk, Deceased, Respondent-Appellee and Cross-Appellant.

Court of Appeals of New Mexico.

March 19, 1987.


Attorney(s) appearing for the Case

Martha A. Daly, Rothstein, Bailey, Bennett, Daly & Donatelli, Santa Fe, Stevan Douglas Looney, Albuquerque, for petitioner-appellant and cross-appellee.

Jeffery Burke, pro se.

Donna Burke-Taylor, pro se.

Victor Burke, pro se.


OPINION

BIVINS, Judge.

In this divorce action, husband-petitioner (husband) appealed and wife-respondent (wife) cross-appealed. After entry of the divorce decree and final judgment, but before resolution by this court, wife died. We granted leave for the parties to file supplemental briefs regarding what effect wife's death had on the issues before us.

Husband raises two issues on appeal: (1) whether the trial court abused its discretion in awarding...

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