Carey v. Carey

This is an appeal from judgments of the Court of Common Pleas of Shelby County.

Plaintiff, Jeanne M. Carey, and defendant, Robert R. Carey, entered into a separation agreement on June 1, 1979, and, on the same date, filed a petition for dissolution of their marriage.

Subsequently, on June 19,1979, plaintiff filed her “withdrawal of petition for dissolution” and simultaneously filed a complaint stating two causes of action, the first for divorce and the second asserting that the prior separation agreement was entered into under duress and threat of lawsuits rendering the agreement fraudulent,…