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STATE EX REL. ZAKANY v. AVELLONE

No. 78-1006.

58 Ohio St. 2d 25 (1979)

THE STATE, EX REL. ZAKANY, APPELLANT, v. AVELLONE, JUDGE, APPELLEE.

Supreme Court of Ohio.

Decided April 18, 1979.

Attorney(s) appearing for the Case

Lichtman Legal Clinic Co., L. P. A., and Mr. Robert M. Fertel, for appellant.

Mr. John E. Shoop, prosecuting attorney, and Mr. Charles E. Coulson, for appellee.

Per Curiam.

Relator argues that the trial court had no power to grant the alimony pendente lite because the request for such alimony was not in conformity with Civ. R. 75(M)(1) which requires that such request be contained "* * * in the complaint, answer, or counterclaim, or by motion served with the pleading * * *." The request in this case was contained in a counterclaim which was voluntarily dismissed, but the request for alimony was renewed by

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