Paula Harris, Conservator For Saundra Richey v. Reuben "Royce" Richey et al.

This appeal arises from a divorce action, in which the wife’s conservator alleged that the husband had been dissipating marital assets and had withdrawn money from joint accounts. As a result, the trial court ordered the husband to deposit the withdrawn funds with the court’s clerk and master. The wife passed away before the trial court could adjudicate the divorce action. The husband filed a motion requesting that the court return the funds to him because the divorce action had abated upon the wife’s death. The trial court dismissed the suit but denied the husband’s motion and ordered the clerk and master to continue holding the funds until they could be transferred to the probate court upon the filing of a petition to probate the wife’s estate. The husband has appealed. Having determined that the trial court erred by exercising subject matter jurisdiction over the disposition of the funds after the divorce action had abated, we reverse the trial court’s decision to withhold the funds from the husband and retain them with the clerk and master.