Studley v. Studley

Although I concur with the majority with respect to the second assignment of error, I must respectfully dissent from the majority’s finding that the trial court erred in granting appellees’ motion for summary judgment.

The issue in this case is what insurance was the deceased required to maintain for his child pursuant to the terms of the divorce decree. The transcribed separation agreement which was incorporated into the divorce decree referred to only one policy — the Metropolitan Life policy. In contrast, the judgment, which is used to memorialize the separation agreement, incorporated the…