Court of Appeals of Utah· 5/18/1990

Smith v. Smith

Citations

793 P.2d 407
1990 WL 69049

How courts have described this case

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

explaining that the doctrine of res judicata “bars domestic modification proceedings only where the moving party cannot establish either a substantial change of circumstances or mistake of fact”
explaining that the doctrine of res judicata “bars domestic modification proceedings only where the moving party cannot establish either a substantial ehange of circumstances or mistake of fact”
“[A]s part of a change of custody analysis in the requested modification of a nonlitigated custody determination ..., the court may consider evidence bearing on the effect of custody on the child.”
\Application of res judicata in divorcee actions is distinguished [from application of the doctrine in other cireumstances] ... because of the equitable doctrine that allows courts to reopen determinations if the moving party can demonstrate a substantial change of circumstances.\
\Application of res judicata in divorce actions is distinguished [from application of the doctrine in other circumstances] ... because of the equitable doctrine that allows courts to reopen determinations if the moving party can demonstrate a substantial change of circumstances.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Bench, Greenwood and Jackson

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30 cases in this archive cite this case; the 20 most cited are listed.

Cites

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