Jiminez v. Jiminez

Defendant-counterplaintiff Mercedes Jiminez (appellant) secured a judgment of divorce from plaintiff-counterdefendant Luis Jiminez (appellee) on October 14, 1976. The judgment order set the matter for a hearing on appellant’s claim of special equity in certain real estate. That hearing was never held because on March 7,1977 the trial judge allowed appellee’s motion to strike appellant’s amended counterclaim for divorce 1 and denied her motion for leave to file a second amended counterclaim. Appellant then brought this appeal.

We reverse and remand with instructions that appellant be permitted…