Pettygrove Ex Rel. Scholl v. Pettygrove

John L. Pettygrove (John), by his guardian Pauline Scholl (Pauline), appeals from a trial court order vacating an oral judgment of divorce that had been rendered approximately one hour after John's death. Because a nonadjudicated divorce action does not survive the death of one of the parties, we affirm.

The facts are uncontroverted. John and Marlene Pettygrove were married in October, 1982. In January, 1984, John commenced this divorce action. Although he testified in person at an adverse deposition in June, 1984, he was subsequently hospitalized with terminal cancer. John's daughter,…