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ELLIS v. ELLIS

No. 18238.

797 P.2d 868 (1990)

118 Idaho 468

Laura Waters ELLIS, Plaintiff-Respondent, v. Irl K. ELLIS, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied October 3, 1990.

Attorney(s) appearing for the Case

Weinpel, Woolf, Just, Combo & Davis, Idaho Falls, for defendant-appellant. Marc J. Weinpel argued.

Cox, Ohman & Brandstetter, Idaho Falls, for plaintiff-respondent. Dean Brandstetter argued.

WALTERS, Chief Judge.

This appeal is taken from a district court decision upholding a magistrate's order denying the husband's motion to set aside a default judgment in a divorce action. The issues we address are: first, whether the trial court violated the requirements of I.R.C.P. 55(b)(2) when it made an award which allegedly was contrary to Idaho's community property statutes; second, whether, under I.R.C.P. 55(b)(2),...

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