Mandatory Attorneys Fees

Archive, Blog, Brad M. LaMorgese

Attorney’s fees, a topic that certainly draws interest. In Russell v. Russell (Russell 2), the Houston Court of Appeals tackled this issue in an opinion issued on September 29, 2015. Essentially the case went up on appeal on a medical support issue in a prior appeal (Russell 1) and was remanded originally for the trial court to consider the mother’s attorney’s fees and costs in connection with her contempt and enforcement suit. After remand, the mother presented evidence of $122,195 in attorney’s fees and costs, but the trial court granted no fees. So the case was appealed again. Here the Court of Appeals reversed and remanded for a new trial on the Mother’s attorney’s fees. In its remand language, the Court of Appeals set some specific parameters for the trial court when reviewing the mother’s fees. This case supports that proposition that some fees should be awarded in a successful non-child support enforcement suit.