McMilian v. McMilian

JOSEPH M. ELLIS, Judge.

Mary McMilian (“Wife”) appeals the trial court’s entry of a judgment dissolving her marriage to James McMilian (“Husband”). 1 Specifically, Wife argues that the trial court erred in entering its formal judgment because the case was abated by Husband’s death, and the court thereby lost jurisdiction. Wife also argues that the trial court erroneously entered a nunc pro tunc order because there was no prior judgment or order entered that could have been corrected. For the following reasons, we reverse.

The parties married on August 1, 1993, and separated on June 16, 2005.…