Mills v. Mills

The sole issue in this appeal is whether the trial court erred in refusing to grant a continuance.

In June 1982, Jon Rafferty Mills instituted divorce proceedings against Carol Thompson Mills, and on November 1, 1982, the parties executed a property settlement agreement. Subsequently, at a hearing before a commissioner in chancery, Carol claimed she was mentally incompetent when she executed the agreement and should not be bound by it. The trial court scheduled a hearing for February 10, 1983, to determine the validity of the agreement.

Until 8:00 p.m. on the evening before the hearing, Carol’s…