Bonner v. Bonner

I agree completely that the trial court erred in concluding that Mr. Bonner’s execution of a mutual settlement agreement as to “any and all rights . . . against [Ms. Bonner]” constituted a waiver of his defense of improper venue. Venue is not a “right” which he held against her, but relates instead to the power of the trial court itself to enter a final judgment in the divorce action. I also agree with the majority that the trial court erred in denying the motion to dismiss for improper service of summons. I write separately in order to emphasize the distinction between issuance of summons by…