Anthony

Anthony v. Anthony

Good Law
1968 Cal. App. LEXIS 1956·259 Cal. App. 2d 156·66 Cal. Rptr. 420
Court of Appeal of CaliforniaFebruary 19, 1968Civ. 8812California680 words

Opinion

Opinion

Brown, J.

Divorce defendant Myron Philip Anthony appeals from an order after final judgment awarding plaintiff Oletia Marie Anthony $53,000 for attorneys’ fees.

The Anthony property settlement agreement requires defendant to pay plaintiff’s reasonable divorce and property settlement attorneys’ fees. In its interlocutory divorce decree, the trial court approved the property settlement agreement, and by stipulation of the parties in the property settlement agreement, retained jurisdiction to fix fees and costs.

In substance, defendant attacks the reasonableness of the $53,000 award. Attempting to prove an abuse of discretion, as he must for reversal {Hicks v. Hicks, 249 Cal.App.2d 964, 968 [ 58 Cal.Rptr. 63 ] ; Crevolin v. Crevolin, 217 Cal.App.2d 565 [ 31 Cal.Rptr. 622 ] ; Warner v. Warner, 34 Cal.2d 838 [ 215 P.2d 20 ]) defendant belittles plaintiff’s attorneys’ performance by stressing the small number of papers plaintiff’s attorneys filed (three page complaint, two page answer to cross-complaint, memo for setting and notice of trial), the single deposition plaintiff’s attorneys took, and the de facto $207.03 hourly rate calculated by dividing $53,000 by the 256 hours plaintiff’s…

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