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· 2/18/1988

In Re the Marriage of Markowski

Citations

  • 749 P.2d 754
  • 50 Wash. App. 633
  • 1988 Wash. App. LEXIS 39

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • reversing a denial of a motion to vacate because trial court did not have personal jurisdiction when it entered the default order and decree of dissolution
  • “Motions to vacate under CR 60(b)(5) may be brought at any time after entry of judgment.” (footnote omitted)
  • “Proper service of the summons and complaint is essential to invoke personal jurisdiction over a party, and a default judgment entered without proper jurisdiction is void.”
  • motions to vacate under CR 60(b)(5) 3 are not barred by the \reasonable time\ or the 1-year requirement of CR 60(b), but may be brought at any time after entry of the judgment
  • a party may still be estopped from challenging a decree that is void if the party who previously procured or consented to such a decree “has obtained a benefit therefrom.”
  • service of summons by publication insufficient for jurisdiction to enter divorce decree

Source: CourtListener parenthetical corpus (CC0).

Judges: Thompson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.