Austin v. Austin

McCLOUD, Chief Justice.

Mildred Austin sued her husband, Victor Austin, for divorce and division of property. Following a nonjury trial, the court orally announced its decision in open court regarding the division of property and entered a notation on the court’s docket stating “divorce granted as prayed for.” Mildred Austin died before a written order was signed by the court. Following the death of the plaintiff, the defendant, Victor Austin, filed a “Plea in Abatement for Dismissal of Non-surviving Cause of Action.” The legal representatives of Mildred Austin intervened and contested the…