Husband’s Appeal Rejected, Because Both Parties Engaged In Acrimonious Behavior According To Appellate Court.
Nasty facts and nasty conduct, no matter what parties may believe, usually do not lead to a reversal and do not lead to a reversal where both parties are perceived to be at somewhat equal “fault.”
In Marriage of Krog and Cobert, Case No. B246762 (2d Dist., Div. 1 Jan. 6, 2014) (unpublished), wife was awarded 2030/271 fees of $20,000 while husband was awarded 2030/271 fees of $12,500, leaving wife with a “net” award of $7,500.
Husband appealed, but did not get any further relief based on an abuse of discretion standard. This involved a 6-day trial on fees and costs, involving 120 exhibits (mainly acrimonious correspondence between the parties) and resulting in a 37-page Statement of Decision on these issues. In essence, the appellate court said no change of result because both sides were acrimonious so that the fee awards were no abuse of discretion.