Cunningham v. Cunningham

MAUS, Presiding Judge.

In this action, Ruth Cunningham (wife) seeks to recover her attorney’s fee and expenses incurred in enforcing a stipulation modifying a dissolution decree. She bases her right to recover upon a clause of that stipulation. The trial court, in a non-jury trial, awarded her $500.00. The wife appeals.

The parties entered into a separation agreement on December 7, 1971. They were divorced December 17, 1971, and apparently the terms of that agreement were incorporated in the decree of divorce. On April 7, 1977, Robert Cunningham (husband) filed a motion to modify that decree.…