Orlando v. Orlando

In this divorce action, defendant husband appeals from an order, entered after final judgment of divorce, awarding as community property to plaintiff wife the balance of certain monies determined to have been community assets concealed by husband.

Plaintiff and defendant were married in 1946 and separated in 1959. The present divorce action followed and after a trial an interlocutory judgment of divorce was entered on November 3, 1960, granting each of the parties a divorce from the other on the grounds of extreme cruelty. This judgment determined and divided community property and ordered payment of support and maintenance of plaintiff and the minor child of the parties. Final judgment of divorce was entered April 19, 1962.

On August 24, 1962, plaintiff filed a notice of motion to vacate the interlocutory and final judgments “and to reopen the case for the submission of additional testimony regarding the defendant’s ability to pay alimony and child support, regarding the extent and nature of community property of the parties, and regarding the amount of the award of such community property. ’ ’ This motion was based on the grounds that “defendant . . . practiced and perpetrated…