Cooney v. Cooney

PITTMAN, Judge.

This appeal and the petition for a writ of mandamus, both arising from a divorce action filed by Tina Whitt Cooney (“the wife”) against Peter Patrick Cooney, Jr., *904(“the husband”) have been consolidated for purposes of writing one opinion.

On December 1, 2000, the wife filed for divorce from the husband; the husband subsequently answered the complaint, reserving his right to file a counterclaim at a later date. On January 22, 2001, the husband and wife filed a joint stipulation for a dismissal, which the trial court granted. On February 20, 2001, the trial court’s case action…