Herbert v. Herbert

OPINION ON REHEARING

FENDER, Chief Justice.

The prior opinion and judgment in this cause, dated August 7, 1985, are hereby withdrawn, and the following substituted therefor. In our original opinion we reversed and remanded for a new trial; however, because we now hold that appellant failed to preserve the error of which she complains on appeal, and which this Court previously used as the basis for reversal, we grant appellee’s motion for rehearing.

This is an appeal from a take-nothing judgment rendered against appellant, Dorothy Herbert, in her suit to enforce the property settlement agreement…