Civil Procedure Keyed to Cound
Moore v. Moore
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Plaintiff Rueben Moore sued Defendant Sidney Moore for custody of their child. Defendant answered and the matter came to trial on October 20, 1976. Defendant then filed a motion to conform the pleadings to the evidence. Defendant sought to assert a counterclaim for custody, child support, separate maintenance, and attorneys’ fees. Defendant also filed a second motion that itemized the attorneys’ fees. Defendant was awarded all relief she requested, including custody of the child. Plaintiff was given visitation rights provided he posted bond. Plaintiff appealed, arguing that the Court should not have awarded Defendant any relief because Defendant did not request any relief in the pretrial pleadings.
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