Battisti v. Battisti

The parties to this appeal were divorced under a judgment of the Wayne County Circuit Court, entered by Judge Thomas E. Brennan, now Chief Justice Thomas E. Brennan, on March 12, 1965. The question of alimony was expressly reserved in the judgment in the belief that defendant would seek and gain employment.

Defendant did not succeed in gaining employment, and, in February, 1967, moved for modification of the judgment. A hearing was held before Judge Brennan’s successor, Judge Cornelia G. Kennedy, who received the testimony of an examining physician that defendant was unemployable because of…