McBride v. Jones

CROCKETT, Chief Justice:

The defendant, Terry Lynne Jones, instituted supplementary proceedings in this divorce action to modify the decree. She alleges that her former husband, plaintiff Michael W. McBride, actively deceived her about the value of family property, referred to below. On the ground that the rights of the parties had been settled in the decree, the court granted the plaintiff’s motion for summary dismissal. Defendant appeals.

A motion for summary dismissal can properly be granted only when even assuming the facts as asserted by the party moved against to be true, he could not…