Rodriguez v. Rodriguez
| Decision Date | 16 July 1982 |
| Docket Number | No. 16107-PR,16107-PR |
| Citation | 649 P.2d 290,133 Ariz. 87 |
| Parties | Cora O. RODRIGUEZ, Petitioner/Appellant, v. Oscar RODRIGUEZ, Respondent/Appellee. |
| Court | Arizona Supreme Court |
Appeal from Superior Court of Pima County; Jack T. Arnold, Judge, Cause No. D-1930.
Les Gilbertson, Tucson, for petitioner/appellant.
Arthur L. Hirsch, Tucson, for respondent/appellee.
The appellee, Oscar Rodriguez, filed a Petition for Review of the decision of the Court of Appeals, Division Two, holding that the ruling in McCarty v. McCarty, 453 U.S. 210, 101 S.Ct. 2728, 69 L.Ed.2d 589 (1981) does not apply retroactively to a divorce judgment which became final prior to the date of the McCarty decision. We accepted review.
The original judgment in this case was entered in 1974. After the decision in the McCarty case, appellee, in August 1981, succeeded in having the superior court strike from the 1974 judgment the provision which awarded the appellant, his former wife, a share of his Air Force retirement benefits. The Court of Appeals vacated and set aside the 1981 order of the superior court.
From our review of the legal authorities, we agree with the ruling of the Court of Appeals; therefore, we approve the decision of the Court of Appeals (Rodriguez v. Rodriguez, --- Ariz. ---, 649 P.2d 291 (1982) and vacate and set aside the order of the superior court.
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Collins v. Collins
...denied,406 So.2d 939 (Ala.1981); Rodriguez v. Rodriguez, 133 Ariz. 88, 649 P.2d 291, 291 (Ct.App.1982),approved, 133 Ariz. 87, 649 P.2d 290 (1982); Burt v. Smith, No. CA84-26, 1984 WL 6558, at *1, 1984 Ark.App. LEXIS 1823 at *3 (Ark.Ct.App. Oct. 24, 1984); Allcock v. Allcock, 107 Ill.App.3d......
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Edsall v. Superior Court In and For Pima County
... ... finality in family law cases and that changes in community property law do not alter the res judicata consequences of a final decree citing Rodriguez v. Rodriguez, 133 Ariz. 88, 649 P.2d 291, approved 133 Ariz. 87, 649 [143 Ariz. 243] ... Page 898 ... P.2d 290 (1982). We believe, however, ... ...
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...to give McCarty retrospective application. See also Rodriguez v. Rodriguez, 133 Ariz. 88, 649 P.2d 291 (App.), approved, 133 Ariz. 87, 649 P.2d 290 (1981) (holding that McCarty did not alter the res judicata consequences of a divorce decree that had become final before McCarty was In De Gry......
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...v. DeGryse, 135 Ariz. 335, 337, 661 P.2d 185, 187 (1983) (citing Rodriguez v. Rodriguez, 133 Ariz. 88, 649 P.2d 291, approved, 133 Ariz. 87, 649 P.2d 290 (1982)), which declined to apply a new United States Supreme Court case retroactively. In DeGryse and Rodriguez, the decrees treated mili......