572 S.W.3d 418
Ark. Ct. App.2019Background
- David and Megan, unmarried parents, litigated custody, visitation, and child support for their son over several years; prior appeals and remands occurred.
- David voluntarily nonsuited a 2016 motion to change custody/visitation/support; the trial court entered an order of nonsuit on December 14, 2017, finding all claims resolved.
- Megan filed a petition for attorney's fees on September 12, 2017 seeking $29,140, itemizing fees for (1) a 2013 nonsuited custody motion, (2) responses to various motions denied by the court, and (3) the 2016 motion later nonsuited in December 2017.
- The trial court awarded Megan the full $29,140 on December 14, 2017, stating it weighed the Chrisco factors and David’s financial ability.
- David appealed, arguing the court lacked authority to award fees because no statute was cited and that Megan’s fee petition was untimely.
- The appellate court reviewed (1) whether the trial court had authority to award fees and (2) whether Megan’s petition complied with the 14-day timing requirement of Ark. R. Civ. P. 54(e).
Issues
| Issue | Plaintiff's Argument (Megan) | Defendant's Argument (David) | Held |
|---|---|---|---|
| Authority to award attorney's fees in domestic-relations proceedings | Trial court has inherent discretion to award fees; cited inherent power and Rule 41 where applicable | No statutory or rule basis cited in petition, so court lacked authority to award fees | Trial court has inherent authority in domestic-relations matters; award authority proper |
| Timeliness of fee petition as to December 14, 2017 nonsuit | Filing on Sept. 12, 2017 is timely because Rule 54(e) allows filing up to 14 days after judgment; earlier filing not prohibited | Petition was untimely for the nonsuit because it was not filed within 14 days after entry of judgment | Petition was timely as to fees related to the Dec. 14, 2017 nonsuit; pre-judgment filing is permitted |
| Timeliness as to fees for earlier, previously resolved orders (2013 dismissal; Feb. 2, 2017; June 23, 2017) | Seeks fees for prior proceedings as part of overall fee petition | Petition was untimely as to those prior orders because it was not filed within 14 days of those judgments or court directives | Petition untimely for earlier matters; fees for those periods reversed |
Key Cases Cited
- Chrisco v. Sun Indus., Inc., 304 Ark. 227, 800 S.W.2d 717 (Ark. 1990) (factors trial court may consider in awarding attorney's fees)
- Norman v. Norman, 347 Ark. 682, 66 S.W.3d 635 (Ark. 2002) (motion for attorney's fees must be timely under Rule 54(e))
- Morehouse v. Lawson, 90 Ark. App. 379, 206 S.W.3d 295 (Ark. Ct. App. 2005) (affirming that untimely fee motions require reversal)
Decision: Affirmed as modified; fee award reduced to $9,740 (only fees tied to the Dec. 14, 2017 nonsuit).