Legal Opinion

Eberly v. Eberly

Supreme Court of Delaware

Decided January 25, 1985PublishedCited by 20 opinions

1Opinion of the Court

HERRMANN, Chief Justice:

The husband appeals from certain orders of the Family Court related to the parties’ divorce, including awards of interim and final alimony; a division of property; an award of attorney’s fees; and an order permitting the intervention of a third-party creditor in the proceedings. Moreover, we address certain tactics used by the wife’s counsel in this case.

We conclude that it was an abuse of discretion and a denial of the husband’s due process rights to have awarded extended interim alimony to the wife without any evidentiary hearing; and, that in several substantial…

2Cases cited27 opinions

  1. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  2. Levitt v. BouvierSupreme Court of Delaware · 1972
  3. Wife (J. F. v. v. Husband (O. W. v. Jr.)Supreme Court of Delaware · 1979
  4. Cantor v. SachsCourt of Chancery of Delaware · 1932
  5. Frank G.W. v. Carol M.W.Supreme Court of Delaware · 1983

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3Cited by20 opinions

  1. Moakley v. SmallwoodSupreme Court of Florida · 2002
  2. Sandlin v. SandlinMississippi Supreme Court · 1997
  3. In Re Fuqua Industries, Inc. Shareholder LitigationCourt of Chancery of Delaware · 1999
  4. Van Eps v. JohnstonSupreme Court of Vermont · 1988
  5. In Re the Marriage of SodenSupreme Court of Kansas · 1992

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