Pinson

Plaintiff John T. Pinson appeals the judgment entered after the trial court sustained defendant James L. Cole’s demurrer to plaintiffs first amended complaint. That complaint sought to enforce a marital dissolution judgment pursuant to which Mr. Cole was ordered to repay a debt which his ex-wife owed to Mr. Pinson. We conclude that Mr. Pinson was precluded from enforcing the subject judgment, and so affirm the trial court.

Facts

In June of 1994, Mr. Pinson loaned Mr. Cole’s then wife, Audrey Cole, $57,500. Pursuant to the terms of a promissory note executed by Mrs. Cole, the loan, which bore no interest, was to be repaid on June 15, 1997. The note further provided that “no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.”

Mr. and Mrs. Cole were married on August 8, 1981, separated on February 22, 1991, and divorced on April 15, 1996. The default judgment for dissolution of marriage entered on that date provided, among other things, that Mr. Cole was to pay to Mr. Pinson when…