Petry v. Romo

Miller, Judge.

The parties were divorced through a decree entered in October 1995, and permanent custody of a minor child was placed with the mother under a custody agreement. On February 14, 2000, plaintiff-appellant Steven C. Petry filed this petition for a change in child custody against his former spouse, appellee-defendant Kelly Jo Romo. Romo’s answer averred that “the same facts and circumstances [previously] were litigated” in a 1997 action which was adjudicated in August 1998. In the absence of any motion of record, the trial court dismissed this custody action based on the two-year…