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82 N.M. 262

Ikelman v. Ikelman

New Mexico Supreme Court

Decided January 18, 1971

New Mexico Supreme Court · decided 1971-01-18

Cited by 2 later decisions — most recently December 1977

2 state decisions

Relies on Barnett v. Cal M, Inc. · Westland Development Co. v. Saavedra · Scanlon v. Scanlon

Good law ✅— No negative treatment on recordhow we know

Decided 1971-01-18

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¶1OPINION

COMPTON, Chief Justice.

¶2Appellant appeals from a judgment denying her petition to vacate a judgment in a divorce proceeding. The decree, which included a separation agreement executed by the parties hereto, was entered on October 27, 1967. On September 26, 1968, appellant filed a petition to set aside the decree on the grounds that the agreement was tainted with fraud and that the decree had been fraudulently obtained. At a hearing, the trial court denied the petition but modified the decree as to allow appellant alimony of $100.00 per month. The appellant appeals and the appellee cross-appeals.

¶3Appellant contends (a) that the trial court erroneously failed to divide the community property equitably between the parties and (b) that the trial court erred in not finding that the divorce decree and separation agreement had been fraudulently obtained.

¶4 We are unable to review the cause on the merits as no record of the hearing before the trial court was made, except the testimony of the appellee. A litigant seeking review of a ruling of the trial court has the duty to see that a record is made of the proceedings he desires to have reviewed. Section 21-2-1(14) (1) and (3), N.M.S.A. 1953; Westland Development Co. v. Saavedra, 80 N.M. 615, 459 P.2d 141; Barnett v. Cal M Inc., 79 N.M. 553, 445 P.2d 974. We have carefully searched what record there is and find nothing that would tend to support the appellant’s contentions.

¶5In his cross-appeal appellee contends that the trial court erred in awarding alimony to appellant. What we have said with regard to the appellant is equally applicable to appellee; the record fails to show that the action of the trial court in awarding alimony wás improper. See Scanlon v. Scanlon, 60 N.M. 43, 287 P.2d 238.

¶6The judgment should be affirmed.

¶7It is so ordered.

TACKETT and OMAN, JJ„ concur.
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