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CVITANOVICH-DUBIE v. DUBIE

No. 28928.

254 P.3d 439 (2011)

125 Haw. 128

Geraldine CVITANOVICH-DUBIE, now known as Geraldine Cvitanovich, Petitioner/Plaintiff-Appellant v. Nancy DUBIE, Personal Representative of the Estate of George Patrick Dubie, Respondent/Defendant-Appellee.

Supreme Court of Hawai`i.

June 22, 2011.

Attorney(s) appearing for the Case

Michael Jay Green, Howard Glickstein, (Michael Jay Green & Associates) and Kimberly A. Van Horn, for petitioner/plaintiff-appellant.

Paul Tomar (Ashford & Wriston), Raymond Okada, Bruce Lamon and Kimberly Koide (Goodsill Anderson Quinn & Stifel), for respondent/defendant-appellee.

RECKTENWALD, C.J., NAKAYAMA and DUFFY, JJ., and Circuit Judge PERKINS, assigned in place of MOON, C.J., recused and retired; with ACOBA, J., concurring separately and dissenting.

Opinion of the Court by RECKTENWALD, C.J.

In the instant appeal, we consider whether the family court properly denied Geraldine Cvitanovich-Dubie's (Geraldine) motion for relief from the divorce decree terminating her marriage to George Patrick Dubie (George). The motion alleged that Geraldine and George were never legally married, and that the property settlement agreements attendant to the divorce decree were procured through fraud on the court and undue influence...

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