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NIELSON v. NIELSON

No. 900317-CA.

826 P.2d 1065 (1991)

Gregory NIELSON, as Personal Representative of the estate of Kirk T. Nielson, Plaintiff and Appellee, v. Shelly H. NIELSON (Martin), Defendant and Appellant.

Court of Appeals of Utah.

October 1, 1991.

Attorney(s) appearing for the Case

Shelly H. Martin, Salt Lake City, pro se.

A.W. Lauritzen (argued), Logan, for plaintiff and appellee.

Before BILLINGS, Associate P.J., and GREENWOOD and RUSSON, JJ.

OPINION

BILLINGS, Associate Presiding Judge:

Defendant, Shelly Martin, appeals from the trial court's order awarding custody of the parties' three minor children to her former husband, Kirk T. Nielson. During the pendency of this appeal, Nielson died and his personal representative was substituted as the plaintiff in this action. We conclude that the custody order ceased to operate upon the death of Nielson and...

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