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October 16, 2019

Attorney’s Fees

Case:   David New v. Lavinia Dumitrache, et al.

Facts:   Mother was granted an Order of Protection against Father in general sessions court. Thirty-Six days later, Father filed suit in chancery court seeking to enroll their Texas divorce decree and appeal the OP. The chancery court dismissed the suit in its entirety for lack of subject matter jurisdiction. Mother then moved to for attorney’s fees and discretionary costs incurred in defending the action, which was granted. Father challenges only the award of attorney’s fees.

Appellate Decision:   The intermediate court held the court had subject matter jurisdiction to award attorneys fees, but vacated the award because the father was not permitted to dispute the reasonableness of the fees.

Review Granted:   September 24, 2019.

Prediction:   Ben thinks the supreme court will affirm the decision of the intermediate court.