Garmisa v. Garmisa

This is an appeal from an order denying plaintiff equitable alimony and attorney’s fees during the pendency of plaintiff’s appeal and defendant’s cross-appeal from a judgment in a Section 72 proceeding.

The parties executed a property settlement which was incorporated in a decree of divorce entered on February 11, 1969. On July 31, 1969, plaintiff filed a petition under Section 72 of the Civil Practice Act (Ill. Rev. Stat. 1969, ch. 110, par. 72) to vacate the settlement agreement. On May 25, 1970, the court partially vacated the settlement by reinstating plaintiff’s previously waived right to…