Nash v. Overholser

HUNTLEY, Justice.

James Overholser appeals from the trial court’s denial of his motion for summary judgment pursuant to an interlocutory appeal, wherein he asserts that the complaint filed by plaintiff, and former wife, Connie Nash, alleging five counts of assault and battery by him during the course of their marriage, was barred due to the res judicata effect of the decree of divorce entered between them. The court also granted partial summary judgment in favor of Overholser for Nash’s failure to file within the statute of limitations as to all but one count of assault and battery. The grant…