Attorney Fee Award Standard: Failure to Settle not a Valid Factor

Shirley v. Shirley, 2004 OK CIV APP 100, ___ P.3d ___, Decided 09/17/2004, Mandate 12/21/2004

The Court of Appeals held "that the failure to settle an issue in a divorce case is an inappropriate factor in considering the equities of awarding attorneys fees and costs. Because it appears the trial court used the award in this case as a penalty for failing to settle, we will modify the award by reducing it to $10,000. "

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