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GUBSER v. GUBSER

No. 2 CA-CIV 3227.

126 Ariz. 307 (1979)

614 P.2d 849

M.M. GUBSER, Petitioner/Appellee, v. Shirley K. GUBSER, Respondent/Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 9, 1980.

Review Granted February 5, 1980.

Attorney(s) appearing for the Case

Jack J. Rappeport, Tucson, for petitioner/appellee.

Law Offices, John Wm. Johnson by Christopher Paul Tabing, Tucson, for respondent/appellant.

OPINION

RICHMOND, Chief Judge.

Appellant is the mother of two minor children whose custody was awarded to her in 1974 when her marriage with appellee was dissolved. A detailed property settlement agreement which was incorporated into the dissolution decree provided in part:

Subsequent to the dissolution of this marriage, should it become necessary for either party to engage in Court litigation to attempt to modify the provisions of this Agreement...

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