Family Law: $876,000 Attorney Fee Award Against Ex-Husband For Family Code Breach Of Fiduciary Duties Upheld On Appeal

 

Appellant Did Not Present Adequate Record for Review.

     Ex-husband likely was not pleased with getting hit with an $876,000 attorney’s fees award to reimburse his ex-wife for fees she had to incur in defending herself in a lawsuit caused by his alleged fraudulent operation of a construction business. So, he appealed in Marriage of DiMarco, Case No. B235405 (2d Dist., Div. 2 Oct. 4, 2013) (unpublished). Because a breach of fiduciary duties between spouses will give rise to fee entitlement under Family Code section 1101(g), husband’s failure to include an adequate evidentiary record before the appellate court prevented review. Bottom line, he lost based on this deficiency.

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