58 So. 3d 701
Miss. Ct. App.2011Background
- McCullough died intestate on November 19, 2003 in Hinds County, Mississippi.
- Geraldine Yates petitioned to open the McCullough estate and was appointed administratrix.
- A 2005 judgment determining heirs was set aside; a 2006 order again determined heirs.
- In 2009, heirs filed motions; the court denied reconsideration as time-barred.
- Catchings submitted time sheets totaling $88,550 for attorney’s fees; the chancellor approved $36,660.
- Estate value was approximately $304,815.33 as of January 2009; Yates and Williams received fees of $11,000 and $1,425 respectively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the chancellor properly applied the reasonable-fees factors. | Catchings contends the chancellor used the McKee factors and applied them correctly. | Yates argues the chancellor’s analysis, though citing McKee, used factors identical to controlling law (Johnson). | Yes; the factors used were proper and the ruling was not manifestly wrong. |
Key Cases Cited
- In re Estate of Johnson v. Moore, 735 So.2d 231 (Miss.1999) (estates fee factors are as set forth in Johnson (¶27))
- Moreland v. Riley, 716 So.2d 1057 (Miss.1998) (fee-factor framework for attorneys’ fees in Mississippi estates)
- McKee v. McKee, 418 So.2d 764 (Miss.1982) (discusses factors for determining reasonable attorney’s fees)
- Ward v. Ward, 825 So.2d 713 (Miss.Ct.App.2002) (deference to chancellor on fee awards absent manifest error)
- Faris v. Jemigan, 939 So.2d 835 (Miss.Ct.App.2006) (establishment of standards for evaluating fee awards)