Opinion
November 28, 1955.
Appeal from an order denying appellant's motion for an order directing respondent to pay her counsel fee and disbursements for the prosecution of her appeal from a judgment, which dismissed her complaint for a separation on the grounds of cruelty, conduct rendering it unsafe for her to live with respondent and non-support; and which granted a separation to respondent on his second counterclaim based on abandonment. Order reversed, with $10 costs and disbursements, and motion granted to the extent of directing respondent: (a) to pay the bill to be rendered by the stenographer for such of the remaining minutes as appellant may be required to order after respondent has made available to her counsel those portions of the minutes presently in his possession; and (b) to pay the bill to be rendered by the printer for the printing of the record on appeal and for the printing of appellant's briefs, such record to include respondent's cross appeal and to be abridged, if feasible and proper, by consent of the parties and the Trial Justice. It is our opinion that there is sufficient merit to show a probability of success on appellant's appeal. In any event, since respondent has taken a cross appeal, which raises the question of custody of the infant daughter, the interests of justice would seem to require that the whole judgment and record be reviewed on both appeals. Nolan, P.J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.