Scurlock v. Purser
| Docket Number: | 2007-CA-00792-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-17-2008 Opinion Author: LEE, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Modification of custody - Attorney’s fees - Post-judgment interest - M.R.A.P. 37 Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 04-16-2007 Appealed from: Hinds County Chancery Court Judge: Patricia D. Wise Disposition: MODIFIED CUSTODY ORDER AND ORDERED FATHER TO PAY ATTORNEY’S FEES Case Number: G2005-326-W/4 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | LARRY BRIAN SCURLOCK |
WILLIAM P. FEATHERSTON, JR. |
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| Appellee: | KATHY B. PURSER (SCURLOCK) | MELISSA ANN MALOUF | ||
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| Topic: | Modification of custody - Attorney’s fees - Post-judgment interest - M.R.A.P. 37 |
| Summary of the Facts: | When Brian Scurlock and Kathy Purser Scurlock were granted a divorce based on irreconcilable differences, they were granted joint legal and physical custody of their two minor children. A year later, Kathy filed for emergency relief and for modification of the custody order. Brian filed a counterclaim for emergency relief and for modification of the custody order. The chancery court granted Kathy’s petition in part and denied it in part. The chancery court also granted Brian’s counterclaim in part and denied it in part. Brian was also ordered to pay Kathy $4,800 in attorney’s fees. Brian appeals. |
| Summary of Opinion Analysis: | Brian argues that the chancellor abused her discretion in awarding attorney’s fees to Kathy because Kathy had the financial ability to pay her own attorney’s fees. Brian also asked that Kathy be ordered to pay his attorney’s fees, which were $8,400. At the time of the hearing, Kathy’s gross monthly income was $3,850, and Brian’s gross monthly income was $2,712. Kathy testified that she could not afford her legal fees and had authorized her counsel to have settlement conferences with the judge in this matter to reduce her legal fees. Her 8.05 financial declaration showed that her monthly expenses exceeded her income, and it showed that she had borrowed $4,000 from her parents to pay toward her attorney’s fees. She also testified that her parents were keeping the children because she could not afford daycare. Where the record shows an inability to pay and a disparity in relative financial positions of the parties, there is no error in awarding attorney’s fees. Thus, the chancellor did not abuse her discretion in awarding Kathy partial attorney’s fees. In addition, Kathy is awarded post-judgment interest pursuant to M.R.A.P. 37. Kathy requests that Brian be ordered to pay her attorney’s fees incurred in this appeal. Generally, attorney’s fees on appeal are awarded in the amount of one-half of what was awarded in the lower court. Therefore, Kathy’s motion for attorney’s fees on appeal is granted in the amount of $2,400. |
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