Myers v. Myers

The cause which is the basis for this appeal was initiated by David R. Myers, hereinafter referred to as the plaintiff, who filed a verified complaint for divorce against the defendant, Edwalynn V. Myers. In response, the defendant filed a verified answer, denying all material allegations in the complaint as well as denying that she was not a fit person to have custody of her three minor children. Furthermore, the defendant filed a counterclaim, which the plaintiff moved to dismiss. However, no hearing was ever had on the motion to dismiss.

At a hearing, on October 1, 1975, on the defendant’s…