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eBook details

• Title: Davis V. Davis
• Author : Arizona Supreme Court
• Release Date : January 27, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

Barbara Davis, appellant, filed a petition for dissolution of her marriage to appellee, William Davis. She also sought custody of their three children, child support, and alimony. Before trial, appellee moved for partial summary judgment. He argued that certain stock acquired during marriage was his sole and separate property. Appellant maintained that the stock was community property. Judgment was granted for appellee. Appellant appealed from this decision, alleging that the trial court did not have jurisdiction in a dissolution action to enter partial summary judgment disposing of some separate property without first determining all other property, child custody and support issues. Her notice of appeal from the partial summary judgment was filed four calendar days late. She moved under Ariz.R.Civ.P. 60(c)(6)*fn1 to vacate and reenter judgment to restart the time period for appeal. As grounds for this motion, she alleged that extraordinary circumstances delayed the filing of her notice of appeal. The trial court denied this motion, found that it had jurisdiction to enter the partial summary judgment, and dismissed the appeal. Appellant appealed from the trial court's refusal to vacate judgment and from the partial summary judgment. The court of appeals affirmed the trial court's decision in Davis v. Davis, 143 Ariz. 74, 691 P.2d 1102 (1982). We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), Ariz.R.Civ.App.P., rule 23, and A.R.S. § 12-120.24. We granted this petition for review to address one question:

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