DYER v. TSAPIS

No. 14235.

249 S.E.2d 509 (1978)

Kermit D. DYER v. The Hon. Callie TSAPIS, Judge, etc., et al.

Supreme Court of Appeals of West Virginia.

November 28, 1978.


Attorney(s) appearing for the Case

Leonard Z. Alpert, William E. Galloway, Weirton, for relator.

Donell, DeLaMater & Hagg, Thomas D. Hagg, Weirton, for respondents.


NEELY, Justice:

We issued a rule to show cause in this action in prohibition to determine whether the word "fault" in W.Va.Code, 48-2-4(a)(7) [1977] means conduct sufficient to support a fault-based divorce or simply inequitable conduct.1 We confine ourselves to the question whether the trial court exceeded her legitimate powers when she awarded alimony to relator's wife in a divorce proceeding based upon one year's separation after...

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