Spurling v. Johnson

OPINION

GODDARD, Judge.

The single question presented by this appeal is whether Kenneth Ray Spurling, Plaintiff-Appellee, is entitled to share with Carla Spurling Johnson, his ex-wife, Defendant-Appellant, in the proceeds of a judgment for the wrongful death of their minor daughter, Cassandra Dawn Spurling.

Both parties made motion for summary judgment and the Trial Court sustained the Plaintiff’s in finding that he was entitled to share equally in the proceeds of the judgment with his ex-wife.

The facts, which are contained in the pleadings and an affidavit by Mrs. Johnson, are not in dispute.…