Joelle M Girdis v. Todd J Girdis
336080
| Mich. Ct. App. | Dec 7, 2017Background
- Joelle and Todd Girdis divorced in 2010 and have ongoing disputes over parenting time for their daughter.
- In June 2016 a confrontation occurred during a parenting-time exchange; a CPS complaint was filed on June 21, 2016 (author of report unclear) alleging concerns including improper supervision; CPS found allegations unsubstantiated.
- Todd sought attorney fees from Joelle, alleging she filed a false CPS report accusing him of sexual abuse, and relied on MCR 3.206(C) and MCR 2.114(E) and (F).
- Joelle denied making any false CPS report and never asserted that Todd had sexually abused the child.
- The trial court awarded Todd attorney fees in an order dated November 18, 2016 without stating the legal basis or making factual findings; Joelle appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCR 3.206 authorized fee award | Joelle: no basis; she denied wrongdoing | Todd: fees under MCR 3.206(C) for costs defending false CPS report | Court: MCR 3.206 inapplicable—Todd offered no evidence of inability to pay or order noncompliance; award reversed |
| Whether MCR 2.114 authorized sanctions/fees | Joelle: rule does not apply to CPS filings outside court | Todd: signatures/certifications warranted fees under MCR 2.114(D)-(F) | Court: MCR 2.114 inapplicable—no signed court filing, CPS not a court, no record support for violation; award reversed |
| Whether evidence supported finding Joelle caused false CPS report | Joelle: not supported; CPS found allegations unsubstantiated | Todd: trial court implicitly found Joelle caused report | Court: no need to decide; record lacks support and CPS allegations were against both parties, making Joelle’s authorship doubtful |
| Whether award complied with due process and reasonableness standards | Joelle: trial court provided no basis or hearing on fees | Todd: not argued on appeal | Court: did not reach due process or fee-amount issues because award lacked legal support and was vacated |
Key Cases Cited
- In re Temple Marital Trust, 278 Mich. App. 122 (concerning appellate review standards for attorney-fee awards)
- Augustine v. Allstate Ins. Co., 292 Mich. App. 408 (burden to prove reasonableness of attorney-fee request)
- Smith v. Khouri, 481 Mich. 519 (abuse-of-discretion standard for fee awards)
- Wilson v. Taylor, 457 Mich. 232 (court will not craft arguments or theories for a party)