Buckler v. Tate

PEDEN, Justice.

Rebecca Tate Buckler appeals from the granting of Kenneth Wayne Tate’s motion for summary judgment. Appellant had brought an equitable bill of review to set aside the child custody provision in a divorce degree. Her principal contention is that the trial court erred in granting summary judgment because issues of material fact were raised. We reverse and remand.

Kenneth Tate sued Rebecca Tate for divorce in August, 1976. When appellant was finally served with citation January 13, 1977, she did not respond. In the default judgment of divorce signed on February 10, 1977, Tate was…