Shepard v. Shepard

*889OPINION

MASSEY, Chief Justice.

Margaret Alison Shepard, plaintiff, brought suit for divorce and division of property against her husband, DeWayne Lee Shepard, defendant. By trial amendment plaintiff added prayer for relief by way of award of reasonable attorney’s fee necessary to be incurred in prosecution of the case. However, at trial the defendant wholly made default, having filed no answer and having made no appearance upon trial. He would have had no notice of the trial amendment.

Trial was to the court without a jury, following which there was prompt rendition of judgment. The court…