In re Marriage of Brubaker

Petitioner sought to vacate dissolution of marriage based on his former spouse’s alleged fraudulent concealment of the ownership of a lakefront condominium. Trial court noted that the parties waived formal discovery and denied petitioner’s motion on the basis that the waiver reflected a lack of due diligence as a matter of law. The appellate court reversed and remanded finding that petitioner sufficiently stated a claim based on fraudulent concealment and that the decision to forgo formal discovery was not a per se lack of diligence. The appellate instructed the circuit court to hold a full evidentiary hearing. (HUTCHINSON and BRENNAN, concurring)