Pollard v. Pollard

Marie Merkel (plaintiff) was married to Rupert Pollard (defendant). In 1992 Marie filed for a divorce. The trial court granted the divorce and divided the community-property estate between Marie and Rupert. Rupert appealed, arguing the property distribution was flawed because it contradicted a mediated settlement agreement that Marie and Rupert had signed. Rupert did not contest the granting of the divorce itself. Instead of remanding the issue of the property division to the trial court, the court of appeals reversed the trial court’s judgment and remanded the case in its entirety. The trial court again granted the divorce and distributed the community property. Rupert appealed again, arguing Marie’s attorney should be disqualified, and the court of appeals again reversed the trial court’s judgment and remanded the case in its entirety. Before the trial court could hear the issue for a third time, Marie died. The trial court was not notified of her death and eventually dismissed the case for lack of prosecution. Two years later, Rupert filed a motion to vacate the trial court’s dismissal for lack of prosecution and instead to dismiss the divorce action for lack of jurisdiction due to Marie’s death. Marie’s executor, who was her son, Matthew Pollard (plaintiff), argued that the motion to dismiss for lack of jurisdiction was improper because Marie and Rupert were granted a divorce in 1992. Matthew argued that the divorce was maintained throughout the several remands and that the only issue in dispute on the remands was the property distribution.