Smith v. Carr-Smith

OPINION

HUGHES, Justice.

Suit by Norma Carr-Smith against Randell Hilton Smith to recover on a promissory note made by Smith to her as a part of the property settlement in their divorce suit. Smith filed a counter claim for breach of a separate provision in the same settlement. Before selecting a jury on the day set for trial, trial court dismissed Smith’s counter claim; admitted the note into evidence; and rendered judgment for Carr-Smith on the note. Smith appealed.

We reverse and remand.

Smith did not deny execution of the note, nor that it was in consideration for property to be received by…