Peters v. Peters

In this case, the appellant husband sued the appellee wife for divorce on the ground of the appellee’s adultery. More than 30 days after the appellant’s complaint was served on the appellee, she filed a counterclaim requesting, among other things, an equitable division of the parties’ property. The trial judge granted the appellant’s motion for summary judgment on the question of divorce, on the ground of the appellee’s adultery. The appellee’s application for appeal was denied by this court.

On remand, the appellant moved to dismiss the appellee’s responsive pleadings, on the ground that they…