Burnside v. Burnside

OPINION

OMAN, Justice.

This is a divorce case in which the trial court denied plaintiff’s petition for alimony and additional attorney fees. This appeal involves only these two issues. We reverse.

It is plaintiff’s position that the trial court abused its discretion in (1) denying alimony to her, since she was effectively precluded from presenting evidence on this issue, and (2) denying her additional attorney fees without hearing any testimony on this issue.

The movement of this case through the trial court was long and pathetic. Plaintiff filed her complaint on September 25, 1969. She was…