BUSCH v. BUSCH

No. 20010789-CA.

71 P.3d 177 (2003)

2003 UT App 131

Jay BUSCH, Petitioner and Appellant, v. Cindy A. BUSCH, Respondent and Appellee.

Court of Appeals of Utah.

May 8, 2003.


Attorney(s) appearing for the Case

Scott B. Mitchell, Salt Lake City, for Appellant.

Steven C. Tycksen and W. Kevin Tanner, Zoll & Tycksen, Murray, for Appellee.

Before Judges DAVIS, GREENWOOD, and THORNE, Jr.


OPINION

THORNE, Jr., Judge:

¶ 1 Jay Busch (husband) moved the trial court to clarify an earlier divorce decree. The court denied the motion on the ground that the issues therein had already been ruled upon by the United States Bankruptcy Court and were, therefore, barred by the doctrine of res judicata. Husband appeals and we reverse and remand.

BACKGROUND

¶ 2 Cindy A. Busch (wife) and husband were divorced on January 18, 2000...

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