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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 attorneys 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 attorneys 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 Phillips child-support payments and to modify his visitation schedule. Phillips 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 Phillips 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. Phillips 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 Phillips 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 attorneys 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]ts just a clear cut case, and you know, basically, were just re-plowing the same ground that we plowed back in 2011.” The 2
Cite as 2015 Ark. App. 545 court granted Phillips request for attorneys fees and asked Phillip to submit a petition itemizing his attorneys services. Ashley objected to the award. She argued that Phillips 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 attorneys fees was appropriate. On November 6, 2014, Phillip filed a petition for payment of attorneys 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 Phillips counsel spent 18.9 hours drafting the motion to retain jurisdiction, preparing for and attending the hearing, and drafting the petition for attorneys fees. The petition also indicates that Phillips 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 attorneys special appearance in Texas. 1 On November 7, 2014, the Pulaski County Circuit Court entered an order granting Phillips motion to retain jurisdiction, and on December 19, 2014, the court awarded Phillip $5,272.50 in attorneys fees. Ashley then filed this timely appeal. She argues that the circuit court erred in awarding Phillip an excessive amount of attorneys fees. The award of attorneys fees in a domestic-relations case is a matter within the circuit courts 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 1 In his petition, Phillips counsel noted that, under Texas law, he was unable to request an award for fees and costs without waiving his objection to the Texas courts jurisdiction. 3
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 attorneys 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 attorneys fees because the amount billed is excessive. Ashley asserts that Phillips 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 attorneys 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. 4
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