SCIMECA v. SCIMECA

No. 48,332

1 Kan. App. 2d 70 (1977)

561 P.2d 904

SALVATORE ANTHONY SCIMECA, Appellant, v. MARITA LENSKI SCIMECA, Appellee.

Court of Appeals of Kansas.

Opinion filed March 4, 1977.


Attorney(s) appearing for the Case

Robert F. Duncan of Duncan, Senecal, Bednar and Mears, Chartered, of Atchison, for the appellant.

Robert D. Caplinger of Stillings & Caplinger, Chartered, of Atchison, for the appellee.

John S. May of May and Tuley, of Atchison, former counsel for appellee.


PARKS, J.:

This is an appeal from the trial court's allowance of attorneys' fees in a case in which a petition and cross-petition for divorce were dismissed because no common law marriage existed between the parties. The fees were assessed to the plaintiff. He appeals.

The merits of the divorce action and the decision of the court to dismiss the action are not at issue before this court.

John Foust of Iola, Kansas, was retained by the defendant, Mrs...

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