SMITH v. SMITH

No. C9-93-1065.

508 N.W.2d 222 (1993)

In re the Marriage of Kirk Quirino SMITH, Petitioner, Appellant, v. Patricia Louise SMITH, Respondent.

Court of Appeals of Minnesota.

November 16, 1993.


Attorney(s) appearing for the Case

Kurt Robinson, Blaine, for appellant.

Patricia Louise Smith, pro se.

Considered and decided by KLAPHAKE, P.J., and HUSPENI and SCHUMACHER, JJ.


OPINION

KLAPHAKE, Judge.

Appellant Kirk Smith seeks review of an order denying his motion to modify a 1992 Texas divorce decree awarding physical custody of the parties' two children to respondent Patricia Smith. The district court denied the motion on the alternative grounds that appellant had not presented a prima facie case for modification and that Minnesota lacked child custody jurisdiction. We agree with appellant that the district court had jurisdiction...

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