Trulove v. Trulove

Hill, Justice.

Kermit Mondale Trulove filed a complaint for divorce in Cobb Superior Court against Judy Lane Powell Trulove, appellant here. She filed an answer and counterclaim seeking a divorce, and made a timely demand for jury trial.

The case was set for trial before a jury on April 25, 1973, after the entry of a pre-trial order prepared in contemplation of such jury trial. When the wife was unable to appear on that date, a continuance was granted.

Subsequently, the husband dismissed his complaint and on January 4, 1974, he filed a motion to amend the pre-trial order in which he alleged that…