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MEDLEY v. MEDLEY

No. 20020920-CA.

93 P.3d 847 (2004)

2004 UT App 179

James C. MEDLEY, Petitioner and Appellant, v. Freda A. MEDLEY, Respondent and Appellee.

Court of Appeals of Utah.

June 4, 2004.

Attorney(s) appearing for the Case

Clark A. McClellan and Clark B. Allred, McKeachnie Allred McClellan & Trotter, Vernal, for Appellant.

Cleve J. Hatch, Duchesne, for Appellee.

Before Judges JACKSON, ORME, and THORNE, Jr.

OPINION

ORME, Judge:

¶ 1 With our leave, James C. Medley appeals the interlocutory order denying his motion to dismiss Freda A. Medley's petition to modify alimony. We agree with the trial court that Freda did not waive her right to future alimony and remand for consideration of whether she is entitled to such alimony.

FACTUAL BACKGROUND

¶ 2 After thirty years of marriage, James and Freda Medley were divorced on March 20, 2000...

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