Hart v. Hart

SCHOONOVER, Judge.

The appellant, Halton J. Hart, challenges a final judgment holding that the marriage between the appellant and the appellee, Penny A. Hart, was null and void ab initio. We find that the trial court erred in entering a judgment on the pleadings and, accordingly, reverse.

The appellant commenced this action in the trial court by filing a petition seeking to dissolve the parties’ marriage. The appellee answered and filed a counter-petition seeking to have the marriage annulled or declared null and void. After the pleadings were closed, the appehee filed a motion for judgment on…