Smith v. Smith

ON MOTION FOR REHEARING

In his motion for rehearing James complains that this court cannot properly sustain the trial court’s award of the ranch to Linda as an exercise of the trial court’s discretion in making an unequal division of the community estate because the trial court did not exercise its discretion to divide all the community property, including the ranch, in view of its mischaracterization of the ranch as her separate property. He insists that this court cannot substitute its discretion for that of the trial court. We have found no decision passing on the question of whether a…