Opinion

Payne v. Donaldson

  • 2011 Ark. App. 467
  • 385 S.W.3d 296
  • 2011 Ark. App. LEXIS 508
Court
Court of Appeals of Arkansas
Filed
Jun 29, 2011
Status
Published
Author
Robbins
On the bench
Abramson, Agree, Brown, Gladwin, Hart, Martin, Robbins
Cited by
2 cases
Authority
More cited than 21.5%

The opinion

JOHN B. ROBBINS, Judge, dissenting.

I dissent from the majority’s affirmance of this attorney-fee award. The $8,922.99 attorney fee awarded to appellee by the trial court is grossly disproportionate to the $500 that appellee recovered in this action. I cannot ignore the affidavit filed by appellee’s attorney in support of the renewed fee request reflecting $1,233.75 in fees related to the counterclaim upon which appellee actually prevailed.

I do not believe that a mere recital by the trial court that the Clvrisco factors were considered permits a meaningful review by our court. I would remand to the trial court for 11sit to set forth its factual findings and analysis that would explain this award, with attention to “the time and labor required to perform the legal service properly” and “the amount involved in the case and the results obtained.” Harrill & Sutter, PLLC v. Kosin, 2011 Ark. 51 , 378 S.W.3d 135 ; Stout v. Stout, 2011 Ark. App. 201 , 378 S.W.3d 844 ; Scott v. Prendergast, 90 Ark. App. 66 , 204 S.W.3d 110 (2005).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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