Smith v. Smith

HOLSTEIN, Judge.

Appellant Ute Smith appeals from a decree of dissolution of marriage in the Circuit Court of Pulaski County. Respondent Allen James Smith filed a petition alleging, “[Tjhere is no reasonable likelihood that the marriage of the parties can be preserved, and therefore, the marriage is irretrievably broken.” The appellant there*126after filed an answer which denied the above-quoted allegation.

On the date the case was tried but before evidence was presented, appellant’s counsel moved for dismissal because the respondent’s petition had not been amended to allege one or more of the…