Cabral v. Ward

DUFRESNE, Judge.

This is an appeal by Harry Cabral, Jr., defendant-appellant, from a judgment for past due alimony, pendente lite. We reverse.

The August, 1984, judgment under which this alimony was fixed was vacated by this court in an unpublished opinion of June 3, 1985, on the grounds that the wife had never petitioned for such relief; but rather the husband had filed the rule to fix the alimony. Two days later, on June 5th, the wife filed a rule to fix alimony, asking that it be made retroactive to 1984. On April 28, 1986, the wife was awarded alimony pendente lite, but the trial judge made…