Moore v. Moore

The majority has held that a judgment for a divorce can be entered by the trial court after the death of one of the parties to the marriage. I disagree with the majority and respectfully dissent.

The death of one of the parties to a marriage ends the marriage relationship. A court cannot, by entry of a judgment in a divorce case nunc pro tunc, end that which has already been ended by death. The entry of such a judgment is an utter futility and, to my mind, is nothing more than judicial surplusage.

In this case the jury rendered a verdict on May 6, 1970 *603(filed June 5, 1970), granting appellant a…