OF PAYMENT OR ACCORD AND SATISFACTION AS REQUIRED BY THE MISSISSIPPI RULES OF CIVIL PROCEDURE?
III. DID THE TRIAL COURT ABUSE ITS DISCRETION WHEN IT REFUSED TO ALLOW MARY JANE SMITH TO INTRODUCE ADDITIONAL EVIDENCE AND TESTIMONY THAT SHE HAD IN FACT PAID HER SHARE OF THE INCOME TAX LIABILITY AS ORDERED IN THE DIVORCE DECREE, AS THAT WOULD DIRECTLY DISPROVE THOMAS SMITH'S TESTIMONY THAT THEY HAD A VERBAL AGREEMENT PRIOR TO THE DIVORCE DECREE THAT WAS NOT INCORPORATED INTO THE DIVORCE DECREE; THEREFORE, SHE COULD NOT HAVE OWED HIM ANY MONEY THAT WOULD IN ANYWAY HAVE OFFSET THE MONEY HE PLAINLY OWED HER AND HAD NOT PAID HER UNDER THE CALIFORNIA DECREE? ¶ 16. Due to our disposition of Issue I above, we need not reach the remaining issues.
¶ 17. THE JUDGMENT OF THE CHANCERY COURT OF LEE COUNTY IS AFFIRMED IN REGARD TO THE MODIFICATION OF SUPPORT AND REIMBURSEMENT OF $167.43, AND REVERSED AND RENDERED IN REGARD TO THE DENIAL OF THE COUNTER CLAIM FOR $15,000. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLEE.
McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, MYERS, CHANDLER AND GRIFFIS, JJ., CONCUR.