Thursday, January 6, 2011

Trial Court Cannot Award Appellate Attorney Fees

Anderson fka Thompson v. Thompson, 2010 UT App 359 (Utah Court of Appeals December 16, 2010).

Husband prevailed on the previous appeal, which resulted in a reversal and remand.  On remand, he requested and the trial court awarded attorney fees for the appeal.  Wife appealed.  The Court found that the trial court does not have the authority to award appellate attorney fees and costs absent an explicit directive from the appellate court.  In this case, there was no such explicit directive so that any award of appellate attorney fees was inappropriate.  Reversed.

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