Legal Opinion

Cinader v. Cinader

Court of Civil Appeals of Alabama

Decided February 7, 1979No. Civ. 1593PublishedCited by 11 opinions

1Opinion of the Court

This is a divorce case. The wife appeals from the final judgment division of property and award of alimony.

The first issue we will consider that is presented by plaintiff on appeal is whether she was entitled to an award of attorney fees by the trial court.

It has long been case law in this state that §§ 30-2-50, 51, 52, Code of Alabama (1975) provide authority for a discretionary award of attorney fees to the wife. Smith v.Smith, 57 Ala. App. 615, 330 So.2d 439 (1976). Even so a request must be made, and evidence of financial need and performance of the service shown before the authority of…

2Cases cited5 opinions

  1. Steiner v. SteinerSupreme Court of Alabama · 1950
  2. Caldwell v. CaldwellCourt of Civil Appeals of Alabama · 1975
  3. Ledyard v. LedyardCourt of Civil Appeals of Alabama · 1970
  4. State v. HastieSupreme Court of Alabama · 1976
  5. Smith v. SmithCourt of Civil Appeals of Alabama · 1976

3Cited by11 opinions

  1. Parker v. ParkerCourt of Civil Appeals of Alabama · 1980
  2. Tidwell v. TidwellCourt of Civil Appeals of Alabama · 1980
  3. Hartselle Real Estate & Ins. Co. v. AtkinsCourt of Civil Appeals of Alabama · 1983
  4. Edwards v. EdwardsCourt of Civil Appeals of Alabama · 1982
  5. Wilkens v. KaufmanCourt of Civil Appeals of Alabama · 1993

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