Marriage of Nelson
This is the second of two appeals filed by Charles Nelson (appellant) in this dissolution of marriage matter. In both appeals, appellant has challenged the denial of his motions to set aside an order or judgment previously entered in the dissolution proceeding. In the first appeal, appellant alleged that the order or judgment was procured by fraud. Appellant claimed that findings that he owed support payments and certain property taxes were wrong because of fraud and, as a result, he was cheated on the division of proceeds from the sale of a family residence. Appellant discussed orders entered in 1996 and 1997, and specifically alleged that the fraud occurred at a hearing in March 1997. He also alleged that a court commissioner had colluded in the fraud by destroying information and proposed exhibits he mailed to her, at her direction, to support his allegation that the court had been given false information. Court affirmed the trial courts denial of appellants motion to set aside on two grounds. First, appellant had failed to challenge the order allegedly procured by fraud within the time allowedone yearby Family Code section 2122. Second, if the appeal was construed as a direct challenge to the underlying order or judgment, which was entered in 1997, then the appeal was untimely.
Comments on Marriage of Nelson