Zechiel
Zechiel v. Zechiel
Opinion
Lead Opinion
Lillie, J.
An interlocutory decree was entered November 24, 1958, granting a divorce to respondent wife. Over a year later appellant husband moved the lower court for entry of the final decree; the motion was denied and he appealed from the order. After notice of appeal respondent moved the lower court for attorneys’ fees to oppose the appeal; on May 6, 1960, appellant was ordered to pay to her on behalf of attorneys’ fees $2,000, $3.00 for a reporter’s transcript and $26.10 for a clerk’s transcript. Thereafter the case of Hull v. Superior Court, then pending in the Supreme Court, was decided ( 54 Cal.2d 139 [ 5 Cal.Rptr. 1 , 352 P.2d 161 ]); contending the facts to be “parallel” to those in the Hull ease and that the decision therein disposed of his pending appeal, appellant renewed his motion for entry of the final decree in the lower court. The motion was granted, the order therein providing that the final decree be entered upon dismissal of the appeal. Thereupon appellant moved the trial court to modify its prior order of May 6, 1960, fixing fees and costs on appeal, to reduce the amounts to nothing, and for an order requiring respondent to execute the necessary docu *623 ments to secure…