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BURNSIDE v. BURNSIDE

No. 9609.

514 P.2d 36 (1973)

85 N.M. 517

Lena Colleen BURNSIDE, Plaintiff-Appellant, v. Duane C. BURNSIDE, Defendant-Appellee.

Supreme Court of New Mexico.

September 14, 1973.

Attorney(s) appearing for the Case

James R. Toulouse & Associates, Mary C. Walters, Albuquerque, for appellant.

Marchiondo & Berry, James E. Casados, Albuquerque, for appellee.

OPINION

OMAN, Justice.

This is a divorce case in which the trial court denied plaintiff's petition for alimony and additional attorney fees. This appeal involves only these two issues. We reverse.

It is plaintiff's position that the trial court abused its discretion in (1) denying alimony to her, since she was effectively precluded from presenting evidence on this issue, and (2) denying her additional attorney fees without hearing any testimony on...

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