Cecilia Gonzalez v. Mauricio Gonzalez

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.