Betts v. Samardak

HERSEY, Judge.

In this appeal from post-judgment proceedings in an action for dissolution of marriage, appellant, the former husband, raises two issues.

At the trial court level appellant challenged the validity of a previously executed Reconciliation Agreement. The matter was disposed of adversely to appellant on the basis of res judicata. Inappropriately so, asserts appellant on appeal, because this affirmative defense (res judicata) was never pled, having been raised as an issue upon appellee’s motion to dismiss. While appellant’s contention has substantive merit, see Frank v. Campbell…