Fisher v. Fisher

KELLY, Associate Judge.

This appeal is from a judgment granting an absolute divorce to appellee on the ground of voluntary separation, making a division of jointly held real property, and awarding appellant alimony and attorney’s fees. The principal claim of error is the grant of appellee’s motion to amend the pleadings to conform to the evidence.

The complaint as originally filed sought a divorce on the ground of desertion. At trial, however, at the close of appellee’s case in chief, it was apparent that his evidence failed to make out a prima facie case of desertion.1 Appellant moved for a…