Oliver v. Oliver

The issue in this divorce case is whether the statute of limitations bars a counterclaim for fraud. The trial court, disregarding the jury’s finding of fraud, rendered a take-nothing judgment on the counterclaim, and the court of appeals affirmed. 843 S.W.2d 595. We hold that the counterclaim was timely filed, and therefore we reverse the judgment and remand to the court below for further proceedings.

The underlying facts are essentially undisputed. Sam and Rita Oliver were married in 1978. About two weeks after their wedding, the couple moved from Seminole, Texas, to Hobbs, New Mexico — a…