Barefield v. Barefield

Birdseye, J. †

This is a typical divorce case with each party seeking a decree and asking for custody of the children, boys, ages 4 and 7. The trial continued in a normal way until the conclusion of respondent’s (plaintiff’s) case, at which point appellant’s counsel challenged the sufficiency of respondent’s evidence and moved that appellant be granted a divorce and awarded the custody of the children. At the conclusion of his argument, counsel for appellant indicated his willingness to rest and, after being encouraged in that respect by the trial judge, did so. The court thereupon decided the…