Evans v. Evans

Plaintiff, William F. Evans, appeals the judgment of the trial court in favor of defendant, Loraine N. Evans. He argues that the trial court erred in denying his request for a trial by jury in his action seeking to quiet title and claiming damages for fraud. We affirm.

The issue we address is whether appellant is entitled to a jury trial on the fraud count of his complaint in an action filed to quiet title to property that was subject to a settlement agreement and to a divorce judgment of the circuit court.

Mr. and Mrs. Evans were originally divorced in February 1982. The 1982 divorce judgment…