Garmisa v. Garmisa

This is an appeal from a judgment of January 14, 1971, finding that defendant was entitled to the possession of the parties' former marital home and that a writ of restitution issue therefor.

On appeal plaintiff contends (1) that the trial court had no jurisdiction on January 14, 1971, to enter a judgment for possession and issue a writ of restitution; (2) that if the court did have jurisdiction to enter the judgment, it was a gross abuse of discretion to do so.

The parties herein executed a property settlement agreement which was incorporated into a decree of divorce enterd on February 11,…