Cornelius v. Cornelius

EAGLES, Judge.

Defendant presents five assignments of error. Because we agree with the second assignment of error, we vacate the judgment and remand the case for further proceedings.

Defendant first assigns as error the trial court’s admission of testimony concerning whether certain property acquired during the marriage was separate property or marital property. Defendant argues that plaintiffs failure to reply to allegations listed in a counterclaim constituted a judicial admission conclusively establishing those allegations as fact. We disagree.

Defendant’s counterclaim for equitable…