Third District Reverses Lower Court Deferring Award for Unspecified Period.
Marriage of Shurr, Case No. C057456 (3d Dist. May 12, 2009) (unpublished) does remind us that procedural time limits do exist for a reason and are frequently enforced by their terms. A trial court failed to hear wife’s request for an award of attorney’s fees under Family Code section 2030 based on “need.” It deferred the decision to an unspecified time. The appellate court reversed and remanded, finding that section 2031(a)(2) required that the fee request be heard within 15 days of the hearing on the motion or order to show cause. Reason for the reversal: “The court erred in failing to consider wife’s application during this timeframe.”