Cohen v. Cohen

OPINION

McDONALD, Justice.

This is an appeal by plaintiff Jay Howard Cohen from an order of the trial court sustaining defendant Helene Renee Cohen’s plea in abatement and dismissing plaintiff’s cause of action.

On January 31, 1975 the trial court rendered a judgment of divorce between the parties herein, from which plaintiff did not appeal. Thereafter in December 1980, almost six years after the divorce judgment rendered, plaintiff filed this case, a “Petition for a Declaratory Judgment”, seeking to hold void two provisions of the property award in such divorce judgment.

In the portion of the…