In re Marriage of Tozer v. Tozer
Trial court’s refusal to grant relief from judgment will not be reversed unless the court abused its discretion or no reasonable basis exists for the court’s decision.
Trial court’s refusal to grant relief from judgment will not be reversed unless the court abused its discretion or no reasonable basis exists for the court’s decision.
Extraordinary circumstances may warrant a reopening of a judgment.
Although property division cannot be modified under §767.32, §806.07 does give the court discretionary authority to grant relief from judgment.
Simple legal error, correctable by appeal, is not an extraordinary circumstance justifying relief from judgment.
Husband entitled to blood tests to determine paternity after the divorce where he did not contest paternity at trial, but learned later that he may not be father.
Trial court’s holding that it was required to reopen the judgment once it found fraud was error. A finding that there are grounds to reopen the judgment does not necessitate reopening it. The court may consider factors that would militate against granting relief.
No abuse of discretion by trial court In Refusing to reopen judgment where respondent admitted paternity without blood tests and now claims he is not the father.
Discharge of a property settlement in bankruptcy does not warrant relief under §806.07.
Motion for reconsideration must be filed within 20 days of judgment.
Trial court did not err in finding motion to reopen paternity case was brought within a reasonable time where initial blood test 12 years before erroneously excluded father.