Elmore v. Elmore

WHICHARD, Judge.

I

The dispositive issue is whether, when the trial court directs a verdict denying an absolute divorce as a matter of law, the action abates upon the death of the plaintiff during pendency of his appeal. We hold that it does.

II

Plaintiff (husband) brought this action against defendant (wife) for absolute divorce based on continuous separation for more than one year. Plaintiffs evidence, in brief summary, showed the following:

Plaintiff had served as a deputy sheriff, had been shot and wounded in the line of duty, and was paralyzed as a result. His marriage with defendant had…