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Clark v. Clark

Court of Appeals of Kentucky
Oct 8, 1971
471 S.W.2d 740 (Ky. Ct. App. 1971)

Opinion

October 8, 1971.

Appeal from the Circuit Court, Fayette County, James Park, Jr., J.

Elwood Rosenbaum, Rosenbaum Smith, Lexington, for Mabel Clark and Elwood Rosenbaum.

F. Selby Hurst, Lexington, for John H. Clark.


The Fayette Circuit Court granted each party in this case a divorce from the other. Property rights were determined; alimony was awarded Mabel L. Clark; and her attorney, Elwood Rosenbaum, was awarded a fee to be paid by John H. Clark.

We are of the opinion this case has so many of the features that were present in Colley v. Colley, Ky., 460 S.W.2d 821, that it must be remanded to the trial court for consideration under the principles as set out in Colley. We point out that judgment was entered in this case prior to our decision in Colley.

We need not pass on the reasonableness of the allowance of the attorney fee in view of our disposition of the case.

The judgment is reversed for further proceedings consistent herewith.

All concur.


Summaries of

Clark v. Clark

Court of Appeals of Kentucky
Oct 8, 1971
471 S.W.2d 740 (Ky. Ct. App. 1971)
Case details for

Clark v. Clark

Case Details

Full title:Mabel L. CLARK and Elwood Rosenbaum, Appellants, v. John H. CLARK…

Court:Court of Appeals of Kentucky

Date published: Oct 8, 1971

Citations

471 S.W.2d 740 (Ky. Ct. App. 1971)

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