The opinion
Cite as 2015 Ark. App. 545
ARKANSAS COURT OF APPEALS
DIVISION I
No. CV-15-210
ASHLEY OLINGHOUSE Opinion Delivered October 7, 2015
APPELLANT
APPEAL FROM THE PULASKI
V. COUNTY CIRCUIT COURT,
SEVENTEENTH DIVISION
[NO. 60DR-09-1158]
PHILLIP OLINGHOUSE
APPELLEE HONORABLE MACKIE M. PIERCE,
JUDGE
AFFIRMED
RAYMOND R. ABRAMSON, Judge
Ashley Olinghouse appeals the order of the Pulaski County Circuit Court awarding
Phillip Olinghouse attorney’s fees and costs in the amount of $5,272.50. On appeal, Ashley
argues that the circuit court erred in awarding Phillip an excessive amount of attorney’s fees.
We affirm.
Ashley and Phillip divorced in November 2009 in Pulaski County. The divorce decree
provided that Ashley and Phillip would share joint custody of their only child and that Ashley
would act as the custodial parent. The decree also permitted Ashley to relocate to Texas while
Phillip remained in Pulaski County.
On May 19, 2011, Ashley filed a petition to modify the divorce decree in Collin
County, Texas. She asked the court to increase Phillip’s child-support payments and to
modify his visitation schedule. Phillip’s counsel made a special appearance in the Texas court
Cite as 2015 Ark. App. 545
to request that the court decline jurisdiction. He also filed a motion to retain jurisdiction in
the Pulaski County Circuit Court on July 5, 2011. On August 1, 2011, the circuit court held
a hearing on Phillip’s motion, and on August 31, 2011, the court granted the motion and
retained jurisdiction of the case.
On June 13, 2014, Ashley filed a second petition to modify the divorce decree in
Collin County, Texas. Phillip’s counsel again made a special appearance in the Texas court
to ask the court to decline jurisdiction. He also filed a second motion to retain jurisdiction in
the Pulaski County Circuit Court on July 15, 2014. The circuit court held a hearing on
Phillip’s motion on October 24, 2014.
At the hearing, the court informed the parties that it had been in contact with the
judge from the Texas court. The parties then made their arguments. Ashley asked the court
to decline jurisdiction because the child spent more time in Texas. Ashley asserted that having
witnesses compelled to come to Arkansas to testify about the best interest of the child was
burdensome. Phillip requested the court to retain jurisdiction. He pointed out that Ashley had
filed a petition in the Texas court in 2011, and the Pulaski County Circuit Court found that
it had continuing jurisdiction over the case at that time. He asserted that nothing had changed
since the 2011 petition and asked the court to award him attorney’s fees for having to initiate
the proceedings a second time. No witnesses testified.
At the conclusion of the hearing, the court found that it had exclusive and continuing
jurisdiction over the divorce case. The court stated that “[i]t’s just a clear cut case, and you
know, basically, we’re just re-plowing the same ground that we plowed back in 2011.” The
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Cite as 2015 Ark. App. 545
court granted Phillip’s request for attorney’s fees and asked Phillip to submit a petition
itemizing his attorney’s services. Ashley objected to the award. She argued that Phillip’s
motion in Pulaski County was unnecessary because the Texas court could not exercise
jurisdiction without contacting the Arkansas court. The court found no merit in her argument
and concluded that an award of attorney’s fees was appropriate.
On November 6, 2014, Phillip filed a petition for payment of attorney’s fees totaling
$7,840.50. Specifically, he requested $5,272.50 in fees associated with the motion to retain
jurisdiction in the Pulaski County Circuit Court. His petition reflected that Phillip’s counsel
spent 18.9 hours drafting the motion to retain jurisdiction, preparing for and attending the
hearing, and drafting the petition for attorney’s fees. The petition also indicates that Phillip’s
counsel charges an hourly rate of $275 and that the expenses associated with the motion
totaled $75. Phillip additionally sought $2,568 for work associated with his attorney’s special
appearance in Texas.1
On November 7, 2014, the Pulaski County Circuit Court entered an order granting
Phillip’s motion to retain jurisdiction, and on December 19, 2014, the court awarded Phillip
$5,272.50 in attorney’s fees. Ashley then filed this timely appeal. She argues that the circuit
court erred in awarding Phillip an excessive amount of attorney’s fees.
The award of attorney’s fees in a domestic-relations case is a matter within the circuit
court’s discretion, and there is no fixed formula for determining what constitutes a reasonable
amount. Yancy v. Yancy, 2014 Ark. App. 256. Because the circuit court has presided over the
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In his petition, Phillip’s counsel noted that, under Texas law, he was unable to request
an award for fees and costs without waiving his objection to the Texas court’s jurisdiction.
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Cite as 2015 Ark. App. 545
case and gained familiarity with the case and the extent and quality of the services rendered
by the attorney, the circuit court has a superior opportunity to assess the critical factors, and
an award of attorney’s fees will therefore not be set aside absent an abuse of discretion. Id.
Here, Ashley argues that the circuit court abused its discretion in awarding Phillip
$5,272.50 in attorney’s fees because the amount billed is excessive. Ashley asserts that Phillip’s
counsel is an experienced attorney and should not have expended so many hours on a simple
issue. We do not agree. Given the fact that Phillip had to file a second motion to retain
jurisdiction in 2014 when nothing had changed since the 2011 proceedings, we cannot say
that the court erred in granting Phillip $5,272.50 in attorney’s fees.
Affirmed.
HARRISON and BROWN, JJ., agree.
Hilburn, Calhoon, Harper, Pruniski & Calhoun, LTD., by: Traci LaCerra, for
appellant.
Dover Dixon Horne PLLC, by: Gary B. Rogers, for appellee.
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