Rey v. Rey

OPINION

RAMSEY, Chief Justice.

The opinion and judgment of this Court, dated the 5th day of July, 1972, is withdrawn and this opinion is substituted therefor.

This is a divorce case. Angelina Valles Rey, Petitioner-Appellant, filed suit for divorce from Paul Rey, Jr., Respondent-Appellee. Judgment was entered based on the jury’s answer to one special issue. We reverse and remand with instructions.

Petitioner’s original pleading alleged a marriage in December, 1957, and a separation on May 1, 1971. Respondent filed a plea to the jurisdiction alleging no valid marriage, and further alleging that…