Husband’s Appeal Was Frivolous, With Lower Court To Determine Fees On Remand.
Marriage of S., Case No. G047517 (4th Dist., Div. 3 Nov. 26, 2013) (unpublished) is a case where an ex-husband unsuccessfully appealed a family judge order that each side bears his/her own fees/costs. The record certainly supported the denial on a “needs basis”–husband had more liquid assets, and husband had paid his attorneys while wife was arrears in paying her attorneys.
However, that is not the end of the tale in this case. Ex-husband’s counsel made factual misrepresentations of the record below, which led the appellate court to sanction husband and counsel for a frivolous appeal–with the trial judge having to decide the amount of the sanctions to be awarded to the other side.
Justice Ikola authored this decision for a 3-0 panel.