Opinion
Feb. 16, 1971.
Editorial Note:
This case has been marked 'not for publication' by the court.
Wright, J. Morgan, Denver, for plaintiff in error.
Berenbaum, Berenbaum & Susman, Stephen T. Susman, Denver, for defendant in error.
SILVERSTEIN, Chief Judge.
This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under authority vested in the Supreme Court.
This is an appeal from permanent orders dividing the property of the parties following a divorce decree granted to the plaintiff wife. The wife asserts as error the failure to award her any alimony and further that the denial of her motion for rehearing denied her a fair hearing. Both assertions are without merit.
The parties had limited assets. The husband had assumed all responsibility for support of the three teenage children. His business produced erratic income. The court divided the equity in their jointly owned house, gave the wife the bulk of the personal assets and all of the cash, which cash came from the husband's business. The facts of the present case are very similar to those in Guy v. Guy, 166 Colo. 265, 443 P.2d 369, which we consider to be controlling here. In Guy the Supreme Court said,
'The matter of awarding permanent alimony is within the sound discretion of the trial judge, and if the award is supported by competent evidence, it will not ordinarily be disturbed on review.'
Here there is ample evidence to support the judgment. The record also discloses that the wife received a fair hearing.
Judgment affirmed.
COYTE and ENOCH, JJ., concur.