Sutterfield v. Sutterfield

I respectfully dissent. ■ I would reverse and remand for trial on the merits.

Plaintiff, the mother of minor children the custody of whom had been awarded to her, brought a rule against her former husband, the father of the children, seeking reimbursement of attorney fees incurred by her in her successful defense of a prior proceeding by the father, seeking to obtain custody of the children.

The trial judge, having previously dismissed the husband’s suit to change custody after lengthy and protracted hearings, thereafter dismissed the mother’s rule for reimbursement of her attorney expense.…