Scimeca v. Scimeca

Parks, J.;

This is an appeal from the trial court’s allowance of attorneys’ fees in a case in which a petition and cross-petition for divorce were dismissed because no common law marriage existed between the parties. The fees were assessed to the plaintiff. He appeals.

The merits of the divorce action and the decision of the court to dismiss the action are not at issue before this court.

John Foust of Iola, Kansas, was retained by the defendant, Mrs. Scimeca, in 1971. He remained counsel of record for defendant throughout this case. John May of Atchison, Kansas, was consulted briefly about his…