Simmons v. Simmons
Simmons v. Simmons
Opinion of the Court
Defendant contends that the evidence presented, and the findings made by the trial judge, were not sufficient to support the order appealed from. We agree with the contention in one particular.
In the case at hand, while the court made findings with respect to plaintiff’s poor physical condition and her need for additional monthly income, the court made no finding as to whether plaintiff had any separate estate or financial resources whereon to subsist during the prosecution of her action and to defray the necessary expenses thereof. For that reason, the order appealed from is vacated and the cause is remanded for further proceedings.
Error and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.