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Posted by: Tanja Trezise on Sep 5, 2013

Court: TN Court of Appeals

Attorneys 1:

Matthew R. Macaw, Memphis, Tennessee, for the appellant, Cecilia Gonzalez.

Attorneys 2:

Jeff Mueller, Jackson, Tennessee, for the appellee, Mauricio Gonzalez.

Judge(s): STAFFORD

This case involves the propriety of the trial court’s dismissal of a Rule 60.02 Motion to Set Aside a Final Judgment. The trial court previously dismissed Mother’s Petition for Divorce, after finding that the marriage was void due to Mother’s preexisting marriage in Chile. Mother subsequently filed a Rule 60.02 Motion, with supporting documentation purporting to show that she was never legally married in Chile. The trial court refused to set a hearing and dismissed the Rule 60.02 Motion. We conclude that the trial court erred in dismissing Mother’s Rule 60.02 Motion. Reversed and remanded.