Legal Opinion · Dissent

Temple v. Temple

South Dakota Supreme Court

Decided March 20, 1985No. 14293, 14310Published

1DissentHenderson, Justice

ATTORNEY’S FEES

An award of attorney’s fees in this case is preposterous under the facts and settled law of this state. Judith Temple departed from Douglas Temple with some $30,000 by lifting money from a joint account; she received $75,000 of a $310,000 property award via the decree. It appears that Douglas Temple has far less liquidity than Judith Temple. She is 38 years of age and has a steady job as a dietician’s aide. She is in excellent health. The children born as issue of this marriage are adults and not dependent upon her for support. In Gross v. Gross, 355 N.W.2d 4, 9 (S.D.1984)…

2Cases cited15 opinions

  1. In Re Estate of HobelsbergerSouth Dakota Supreme Court · 1970
  2. Herndon v. HerndonSouth Dakota Supreme Court · 1981
  3. Gross v. GrossSouth Dakota Supreme Court · 1984
  4. Krage v. KrageSouth Dakota Supreme Court · 1983
  5. Goehry v. GoehrySouth Dakota Supreme Court · 1984

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