Stiller v. StillerCivil No. 870029

Gierke, Justice.

Thomas B. Stiller, Jr., sought to terminate his spousal support obligation by a motion to amend the original divorce judgment entered in 1975. The district court entered judgment denying the motion and ordering Thomas to pay Anita's attorney's fees in the amount of $500. Thomas has appealed from the judgment, alleging that the findings of fact were clearly erroneous. We affirm the judgment pursuant to Rule 35.1(a)(2), N.D.R.App.P.

Anita contends that this appeal is frivolous, and seeks additional attorney's fees on appeal pursuant to Rule 38, N.D.R.App.P. We conclude that the appeal is not frivolous, and Anita is not entitled to attorney's fees under Rule 38.

H.F. Gierke III
Gerald W. VandeWalle
Vernon R. Pederson, S.J.
Herbert L. Meschke
Ralph J. Erickstad, C.J.

Pederson, S. J., sitting in place of Levine, J., disqualified.