Colbath v. Colbath

McNULTY, Judge.

The sole question presented on this appeal relates to the denial of attorney’s fees to appellant, who successfully defended against her former husband’s (appellee’s) petition to modify the custody provision of a final judgment of divorce.

Appellee argues that the award of attorney’s fees is discretionary and that this court is in no position to determine if an abuse of that discretion exists in this case because the only record on appeal is the final order of divorce and later order denying the husband’s petition for modification. We are thus squarely faced with the question of…