Park v. Park

This is an appeal from a judgment that amended a former judgment of the court rendered in 1968 in a divorce and alimony case. The 1968 judgment had provided: "Except as otherwise herein expressly provided, no modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties.”

In 1973 the former wife (appellee) brought an action to modify the alimony payments provided for in the 1968 judgment. Appellant filed responsive pleadings in this action, and he also filed a motion for summary judgment on the ground that under the terms of the 1968 judgment…