Domestic Relations: Jurisdiction-Fraud-Deceased Party

Where a wife challenged a trial court’s dismissal of her motion to set aside a judgment of dissolution on the grounds of alleged fraud, arguing that the court erred by granting the husband’s motion for judgment on the pleadings because the husband’s death did not moot or abate or Rule 74.06 motion, the case became moot when the husband died, so there was no estate left to divide, and the only relief the wife could seek was to set aside the entire dissolution judgment and relitigate all of the issues involved in the dissolution.

Judgment is affirmed.

Olofson v. Olofson (MLW No. 73393/Case No. WD81882 – 12 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Jackson County, Long, J. (Jonathan Sternberg, Kansas City, Missouri, for appellant) (R. Pete Smith and William C. Odle, Kansas City, Missouri, for respondent).