Jeanne H. Olofson v. Scott W. Olofson

Summary

The Court vacated the judgment dismissing Wife’s Rule 74.06(b) motion and remanded. It held that Husband’s death did not abate the motion because the alleged fraud concerned property rights rather than marital status, and that Rule 74.06(b) permits relief from only the fraud-tainted portion of a final judgment. The Court further held that the proceeding was not barred by claim or issue preclusion, was not moot, and could provide meaningful relief through a later property reallocation.