LeRay v. Milligan

We dissent from the majority opinion because (1) the trial judge did not abuse his discretion in severing the divorce cause of action from the separation cause of action, (2) the majority opinion ignores the established jurisprudence that a judgment in a divorce cause of action abates a pending separation cause of action, and (3) the appellant has failed to properly preserve for appellate review the judgment of the trial court which severed the separation and divorce causes of action.

PROCEDURAL FACTS

On January 28, 1988, the husband filed a suit for a separation asserting the parties lived…