Wilbanks v. Dolberry

Birdsong, Presiding Judge.

Dolberry sued Wilbanks, his former wife, for damages to realty and damages for breach of contract, based upon their divorce agreement whereunder the former wife Wilbanks leased property from Dolberry and agreed to return the premises in the same condition. The trial court denied Wilbanks’ motion to dismiss and motion for directed verdict filed on the basis that an earlier suit by Dolberry for contempt of the divorce agreement, which suit Dolberry lost, was res judicata. The jury in the instant case found for Dolberry in the amount of $3,057. This appeal followed.…