Smith v. Smith

OPINION

BROOKSHIRE, Justice.

Appeal from a judgment or order granting Jacqueline Smith’s Special Exception No. 1 and dismissing Peter F. Smith’s entire cause of action with prejudice. The judgment denying all relief to Peter F. Smith, based solely on Special Exception No. 1, did not permit Peter F. Smith to amend his pleadings. The trial court’s action was based solely on the pleadings. No evidence or testimony were taken. Hence, no statement of facts exists.

Peter alleged that he and Jacqueline were divorced pursuant to a decree of divorce signed on May 23, 1983, in Montgomery County and, in…