Sutterfield v. Sutterfield

GULOTTA, Judge.

The sole issue confronting us is whether a divorced wife, who has been granted custody of minor children, is entitled to receive from her divorced husband attorney’s fees incurred in connection with the successful dismissal of the husband’s rule for a change of custody.

In dismissing the rule for attorney’s fees, the trial judge said:

“There is no basis in law which this Court can find, which would allow it to assess attorney’s fees, by the wife on her behalf against the husband.”

The wife appeals. We affirm.

The general rule relating to assessment of attorney’s fees is that these…