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GARDNER v. GARDNER

No. 1 CA-CIV 4099.

122 Ariz. 573 (1979)

596 P.2d 711

In re the Marriage of Thomas G. GARDNER, Appellant, v. Deloras GARDNER, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied May 21, 1979.

Review Denied June 26, 1979.

Attorney(s) appearing for the Case

Burger & O'Hara by John E. Burger, Mesa, for appellant.

Robert G. Swan, Phoenix, for appellee.

OPINION

SCHROEDER, Presiding Judge.

This matter was commenced as a dissolution of marriage proceeding by the appellee, Deloras Gardner. In her complaint she alleged, inter alia, that the family residence was community property and asked that it be awarded to her. Appellant, Thomas Gardner, filed no answer, and a decree was entered in default awarding appellee full interest in the home.

Following issuance of the decree, appellant filed a motion...

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