Warren v. Warren

This is a motion by the appellee, plaintiff in a divorce action below, for the assessment against the appellant, her former husband and the defendant below, of attorney’s fees arising from the appeal and costs on appeal. A similar motion was made in the superior court and denied by that court for- the reason that it had lost its jurisdiction in the matter because of the appeal.

The action of the superior court in denying the motion for the reason stated was erroneous. In Ackel v. Ackel, 57 Ariz. 14, 110 P.2d 238, 133 A.L.R. 549, rehearing denied 57 Ariz. 118, 111 P.2d 628, 133 A. L.R. 556…