McCarthy
McCarthy v. McCarthy
Opinion
Opinion
Herndon, J.
Mary L. McCarthy appeals from orders of the trial court (1) refusing to hear her application for an increase in the alimony payments theretofore awarded her; and (2) denying her application for an allowance of costs and attorney’s fees on her appeal from the first mentioned order on the ground that said appeal is frivolous.
The facts are not in dispute. Appellant was awarded alimony by the terms of the interlocutory and final decrees of divorce entered in this cause, and on March 30, 1960, pursuant to stipulation, said alimony award was increased to $400 per month. On January 19, 1962, appellant obtained the issuance of an order to show cause whereby she sought a modification of the prior judgment, as theretofore modified, requiring respondent husband “to pay the cost of the . . . reasonable and necessary extraordinary hospital and medical ex penses, in the sum of $983.78 ...” incurred by appellant in connection with an “acute lumbosacral sprain, the onset of which occurred in October, 1961.”
It appears to be conceded, at least for the limited purpose of passing upon the rulings made by the trial court, that these expenses resulted from appellant’s being taken directly from the…