In re the Dissolution of the Marriage of Dealy

This is an appeal of a dissolution decree. Appellant-husband contends that the trial court erred in "refusing to hear and determine matters pertaining to alimony [support] for the wife.” The trial court refused to consider the matter of support because of its earlier ruling that this matter was res judicata based upon a previous decree of separate maintenance.

The parties were married in 1954. In August 1973 the court issued a decree of separate maintenance "for an unlimited period of time to and including January 5, 1975.” The separate maintenance decree provided, in part:

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"(11)…