Ex Parte Aletha Brown Thomas. (In Re Aletha Brown Thomas v. Brian Thomas).

Summary

The court held that the wife's separate action depended on enforcing a temporary restraining order issued in the pending divorce action. Because the husband's death abated the divorce action and rendered the interlocutory order unenforceable, the trial court lacked subject-matter jurisdiction, making its judgment void. The court therefore quashed the writ of certiorari and directed the intermediate appellate court to vacate its judgment and dismiss the appeal. Cobb, Chief Justice, dissenting, would have held that the separate constructive-trust action concerned the insurance proceeds and remained within the trial court's jurisdiction.