Dolezal v. Blevins

OPINION

DONNELLY, Chief Judge.

Appellant, the former wife of appellee, appeals from an order dismissing her suit against her ex-husband for nonpayment of a debt arising out of a final decree of divorce and property settlement agreement. The pivotal issue before us is whether the statute of limitations, based upon a judgment, is tolled on a cause of action by a wife against her husband during the period of their marriage. We reverse.

The parties were initially married in 1949. On July 16,1973, they were divorced pursuant to a decree entered by the District Court of Valencia County. Pursuant to a…