Woolsey v. Woolsey

DAVIS, Commissioner.

In this divorce action the only issue presented upon appeal is whether the appel-lee-wife should be denied alimony on the ground of her moral delinquency. The trial court granted divorce to the appellant-husband.

*754The husband has filed a brief, but the wife has not filed any brief. Pursuant to RCA 1.260(c), we reverse the judgment upon the basis that appellant’s brief reasonably appears to sustain such action and because we regard the appellee’s failure to file brief as a confession of error warranting reversal. As was said in Wilcox v. Wilcox, Ky., 287 S.W.2d 622, 623: “The…