Deal v. Deal, 135 Okla. 87

Summary

The Oklahoma Supreme Court reviewed a divorce decree awarding the wife custody, permanent alimony, and attorney's fees. The court upheld the findings of gross neglect of duty and extreme cruelty, but held that the alimony and attorney's-fee awards were excessive. It modified the decree to award $20,000 in permanent alimony and $2,500 in attorney's fees, and affirmed it as modified.

Holdings

1. An order overruling a demurrer to a petition will not be reviewed on appeal when the defendant answered further and failed to present the demurrer ruling in a motion for new trial.
2. The trial court's findings that the defendant committed gross neglect of duty and extreme cruelty were supported by the clear weight of the evidence.
3. The federal restrictions cited by the defendant did not require reversal of the divorce decree or establish that the trial court lacked jurisdiction to enter the alimony judgment, because the decree did not award the plaintiff specific restricted real or personal property and the court was not then enforcing the award.
4. The $48,000 permanent-alimony award was excessive and had to be reduced to $20,000.
5. The attorney's-fee award was excessive and had to be reduced from $5,000 to $2,500.

Questions Presented

1. Whether the defendant could obtain appellate review of the order overruling his demurrer when he had answered on the merits but had not included the demurrer ruling in his motion for new trial.
2. Whether the evidence supported the trial court's findings of gross neglect of duty and extreme cruelty as grounds for divorce.
3. Whether the award of permanent alimony was permissible and reasonable in light of the defendant's status as an Osage Indian without a certificate of competency and the federal restrictions on his property and funds.
4. Whether the $48,000 permanent-alimony award was excessive.
5. Whether the attorney's-fee award was excessive after the permanent-alimony award was reduced.

Disposition

affirmed