Radiola v. Radiola

The parties are former husband and wife. Plaintiff/husband brought suit for declaratory relief, seeking a declaration that the property settlement signed pursuant to divorce divested his ex-wife of her interest in certain property jointly acquired during their marriage. Husband makes no claim of misrepresentation or mutual mistake. His brief characterizes his action: "The instant proceedings involved the construction to be given to a divorce settlement agreement entered into between the [parties]. . . ." From the circuit court's decree, holding that wife retained her interest, husband brings…