Warner

On November 12, 1971, the wife, Rosalind Sandra Warner, obtained an interlocutory default judgment of dissolution of her eight-year marriage to husband Gary Lew Warner. A final judgment of dissolution was entered, at the husband’s request, on March 8, 1972. On April 6, 1972, Rosalind filed a motion to vacate the interlocutory judgment, claiming that her attorney of record had failed to represent her properly and that she had been subjected by her husband to fraud and duress. On May 12, 1972, the trial court granted the wife’s motion to set aside the judgment. Husband Gary Warner appeals.

Both the wife’s motion to vacate, and the trial court’s order herein under review purported to relate to the interlocutory decree in its entirety. The breadth of the motion and order creates procedural problems which we deal with at the outset.

No motion to vacate the final decree of dissolution was ever made, nor did the order under review purport to affect the final decree. The interlocutory decree, in addition to the usual language providing for the dissolution of the marriage by a final decree, 1 also contained provisions: (a) granting custody of the minor children to the wife; 2…