Humphries v. Spitz

Gardner, Judge:

This is an appeal from a rule to show cause for nonpayment of alimony ordered by a divorce decree obtained by Betty G. Humphries (Betty) against Bobby E. Humphries (Bobby) in 1980. Bobby specially appeared for the rule to show cause hearing, alleging defective service of the summons and petition in the prior divorce case. The trial judge held that Bobby had been effectively served in the divorce action because the alleged defect in service was a mere technicality and that Bobby was estopped to deny service. We affirm.

Bobby, a truck driver, was killed in a wreck after…