Jacobs v. Cude

MILLER, Justice.

This appeal arises from a summary judgment entered by the trial court in favor of appellee. We find no error in the judgment below, and we affirm.

Appellant, plaintiff below, filed suit in district court seeking a partition of appel-lee’s retirement benefits. After filing his Original Answer, appellee filed a Motion for Summary Judgment on the pleadings, alleging that appellant’s cause of action was barred by res judicata. Appellant responded to the motion with an Answer to Defendant’s Motion for Summary Judgment and an Affidavit in Opposition to Motion for Summary Judgment…