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KUKURUZA v. KUKURUZA

No. 18619.

818 P.2d 334 (1991)

120 Idaho 630

Judy Dianne KUKURUZA, Plaintiff-Respondent, v. Steven D. KUKURUZA, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Withdrawn October 31, 1991.

Attorney(s) appearing for the Case

Dan J. Rude, Coeur d'Alene, for defendant-appellant.

Alan M. Wasserman, Idaho Legal Aid Services, Inc., Coeur d'Alene, for plaintiff-respondent.

SWANSTROM, Judge.

This appeal concerns review of a district court's appellate order affirming a magistrate's denial of a Rule 60(b)(4) motion filed by Steven Kukuruza. Through his motion, Steven sought to have a part of the divorce decree set aside on the ground that the judgment was void. See I.R.C.P. 60(b)(4). Specifically, Steven contended that the clause in the property settlement agreement, which was fully incorporated into the divorce decree and provided...

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