Carter v. Smith

HOLMES, Judge.

Ernest and Vera Smith sued Richard Carter to recover the unpaid balance of a $8,500 loan.

Carter denied liability and filed a third party complaint against Joy Carter seeking indemnity for any funds found to be due the Smiths.

The trial court, after an ore tenus hearing, found in favor of the Smiths and entered judgment against Carter in the amount of $2,324.06. The trial court found in favor of Joy Carter on the third party claim.

Carter appeals and we affirm.

The dispositive issue is whether there is any evidence to support the trial court’s finding that Joy Carter was not liable…