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IN RE MARRIAGE OF DUKE

No. 32A01-8902-CV-49.

549 N.E.2d 1096 (1990)

In re the MARRIAGE OF Phillip R. DUKE and Pamela S. Duke. Pamela S. Duke, Respondent-Appellant, v. John W. Wynne, As Executor of the Estate of Phillip R. Duke, Petitioner-Appellee.

Court of Appeals of Indiana, First District.

February 15, 1990.

Attorney(s) appearing for the Case

Howard S. Young, Jr., Young & Young, Frank E. Spencer, Robert E. Lehman, Michael F. Singer, Indianapolis, for respondent-appellant.

William M. Evans, G. Pearson Smith, Jr., Stephen E. Arthur, Bose McKinney & Evans, Charles F. Cremer, Jr., Indianapolis, for petitioner-appellee.

ROBERTSON, Judge.

The respondent-appellant Pamela S. Duke is appealing from the trial court ruling denying her Ind. Trial Rule 60(B) motion to vacate a void judgment. She was seeking to void the dissolution decree from her marriage to the petitioner Phillip R. Duke. Phillip R. Duke died about two weeks after the dissolution with the resulting substitution of the executor of his estate as the appellee.

Prior to Pamela's motion, in a proceeding in the probate...

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