Smith v. Smith

BLUE, Judge.

James L. Smith (husband) appeals the final judgment after remand for redetermi-nation of his ability to pay alimony. He raises three issues, only one of which has merit. The husband correctly argues the trial court erred in relying upon the prior record to determine his ability to pay alimony and in failing to hold an evidentiary hearing.

The parties’ divorce action was tried before Judge Knowles who entered a final judgment in October 1989. Josie H. Smith (wife) appealed, arguing the judge had not properly evaluated the husband’s ability to pay alimony. On January 25, 1991, this…