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PESICKA v. PESICKA

No. 21303.

618 N.W.2d 725 (2000)

2000 SD 137

Betty Ann PESICKA, Plaintiff and Appellant, v. Gerald Gary PESICKA, Defendant and Appellee.

Supreme Court of South Dakota.

Decided November 1, 2000.

Attorney(s) appearing for the Case

Patrick M. Ginsbach of Farrell, Farrell and Ginsbach, Hot Springs, South Dakota, Attorneys for plaintiff and appellant.

Richard A. Johnson of Strange Farrell & Johnson, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

SABERS, Justice

[¶ 1.] The Judgment and Decree of Divorce incorporated a Stipulation and Agreement providing for the division of Gary's teacher retirement benefit. The circuit court held that the provision was a clear and unambiguous statement of the amount Betty was to receive and refused to set aside the provision or award interest pursuant to SDCL 15-6-60(b)(6). Betty appeals. We affirm.

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