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SMITH v. CARR-SMITH

No. 17881.

551 S.W.2d 799 (1977)

Randell Hilton SMITH, Appellant, v. Norma CARR-SMITH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

May 26, 1977.

Attorney(s) appearing for the Case

Staples & Foster and Ross T. Foster, Hurst, for appellant.

Glazner, Dorman & Kent, Carmen Glazner and Ernest May, Fort Worth, for appellee.

OPINION

HUGHES, Justice.

Suit by Norma Carr-Smith against Randell Hilton Smith to recover on a promissory note made by Smith to her as a part of the property settlement in their divorce suit. Smith filed a counter claim for breach of a separate provision in the same settlement. Before selecting a jury on the day set for trial, trial court dismissed Smith's counter claim; admitted the note into evidence; and rendered judgment for Carr-Smith on the note. Smith...

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