Benton v. Benton

Hines, Justice.

This Court granted estranged husband, Gary Benton, interlocutory appeal in this divorce action against his wife, Diane Benton, to consider whether Mr. Benton was entitled to partial summary judgment on Ms. Benton’s counterclaim for alimony and equitable property division based upon the doctrine of federal judicial estoppel. For the reasons which follow, we affirm the trial court’s denial of partial summary judgment to Mr. Benton.

Mr. Benton filed for divorce on May 13,2003. Thirteen days later, Ms. Benton filed an answer and counterclaim, in which she alleged that she was…