Beeson v. Christian, 29S02-9206-CV-495
| Decision Date | 25 June 1992 |
| Docket Number | No. 29S02-9206-CV-495,29S02-9206-CV-495 |
| Citation | 594 N.E.2d 441 |
| Parties | William H. BEESON, Appellant, (Respondent Below), v. Debra Ann (Beeson) CHRISTIAN, Appellee. (Petitioner Below). |
| Court | Indiana Supreme Court |
Debra Ann Beeson Christian (Appellee-Petitioner below) seeks transfer after the Court of Appeals reversed the trial court's award of appellate attorney fees to Christian and against Beeson in connection with Christian's appeal from an order in a dissolution of marriage proceeding. Beeson v. Christian (1991), Ind.App., 580 N.E.2d 988. The sole issue presented is whether the trial court abused its discretion when it ordered Beeson to pay Christian's appellate attorney fees, even though Christian was not legally obligated to pay those fees.
The facts relevant to resolution of this matter are as follows. The parties' marriage was dissolved in 1987. Christian appealed the 1987 trial court order, in part, on the issue of appellate attorney fees. The Court of Appeals remanded that portion of Christian's appeal to the trial court for further proceedings. Beeson v. Beeson (1989), Ind.App., 538 N.E.2d 293. After remand, Christian filed a petition for appellate attorney fees with the trial court. At the hearing on that petition, Christian's attorney gave the following testimony:
Q You're not going to bill her depending on what happens in this particular case?
A I'm not. That's correct.
Q And that was an agreement that you'd worked out with her?
A That's correct.
Q You would appeal the case and if you were unsuccessful or even if you were successful you weren't going to bill her to the extent she couldn't get any money back from Dr. Beeson?
A That's correct.
Q I take it she is not going to be out any money one way or the other in this particular matter?
A That's right.
The trial court entered its order awarding Christian's attorney $5,000 in appellate attorney fees pursuant to Ind.Code Sec. 31-1-11.5-16 (West Supp.1990). Beeson appealed on the grounds that the trial court abused its discretion because appellate attorney fees could not be awarded unless Christian were legally obligated to pay those fees. The Court of Appeals agreed with Beeson and reversed the award of appellate attorney fees. 580 N.E.2d 988. The court reasoned that because Christian's attorney admitted that Christian was not obligated to pay any fees for the appeal, "any need for appellate attorney fees is illusory," and that it would be "inconsistent with the purpose of the statute to order a party to pay attorney fees that do not exist." 580 N.E.2d at 989. Christian seeks transfer from that decision.
Ind.Code Sec. 31-1-11.5-16 allows the trial court to order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding in connection with the marriage dissolution. This includes the award of reasonable...
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Thompson v. Thompson
...fees may be awarded for proceedings occurring after the entry of final judgment includes proceedings on appeal. Beeson v. Christian, 594 N.E.2d 441, 443 (Ind.1992). The trial court retains jurisdiction to award appellate attorney fees even after the perfection of the appeal. Pierce v. Pierc......
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Antini v. Antini
...legal services may recover attorney's fees." Id. at 3. Other courts have ruled similarly in domestic disputes. See, Beeson v. Christian, 594 N.E.2d 441, 443 (Ind. 1992) (holding that public policy would be undermined if a party must be personally obligated to pay fees before the court could......
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Glover v. Torrence
...party of maintaining or defending any proceeding in connection with the marriage dissolution. IND.CODE § 31-15-10-1; Beeson v. Christian, 594 N.E.2d 441, 443 (Ind.1992). When reviewing an award of attorney's fees in connection with a dissolution action, we reverse the trial court only for a......
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Worsham v. Greenfield, 1810, September Term, 2007.
...costs, and expenses in situations in which Maryland does not, at least in the Rule 1-341 context. For example, in Beeson v. Christian, 594 N.E.2d 441, 443 (Ind. 1992), the Supreme Court of Indiana upheld an award of attorney's fees even though the defendant's attorney testified that he woul......