· 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 CourtListenerSourced 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.