De Lima v. De Lima

Defendant, William S. de Lima, appeals from those portions of a judgment providing that the proceeds of certain insurance policies be paid to the estate of Stuart Clark de Lima, a minor, denying his cross-complaint, and requiring defendant to pay plaintiff’s counsel $500 attorney’s fees.

Questions Presented

1. Did the court err in declaring the order of the Nevada court based on the original divorce decree res judicata as to the disposition of the proceeds of the policies and in refusing to award the proceeds to defendant?

2. Did the court modify that order ?

3. Was the award of attorney’s fees to plaintiff’s attorney proper ?

Record

Plaintiff Shirley de Lima (hereinafter referred to as “wife”) filed a complaint for declaratory relief (action No. 484968) against William S. de Lima (hereinafter referred to as “husband”) seeking a declaration that the husband be *77 required to continue to pay her $150 per month alimony pursuant to the decree of the District Court of the State of Nevada in a divorce action between these parties, and that it be declared that she is entitled to half of the proceeds of the insurance policies hereafter described. The husband answered, denying the…