Marnee McCollum v. Daniel McCollum

Syllabus

The defendant, Daniel McCollum, appealed from a Family Court decree pending entry of final judgment, granting both the plaintiff's, Marnee McCollum, complaint for divorce and Daniel's counterclaim for divorce. On appeal, Daniel challenged the trial justice's award of attorneys' fees to Marnee, arguing that the trial justice misapplied Connecticut law in enforcing the attorneys'-fee provision contained in the parties' postnuptial agreement and otherwise abused his discretion in awarding attorneys' fees to Marnee.<br><br>The Supreme Court concluded that the attorneys'-fee provision contained in the parties' postnuptial agreement is a prevailing-party fee-shifting provision which provided the trial justice with a sufficient basis upon which to award Marnee fees and costs. The Supreme Court also concluded that the Family Court properly relied on G.L. 1956 § 15-5-16 as an additional basis upon which to award Marnee fees and costs because the parties' divorce was filed and heard in Rhode Island. The Supreme Court, however, remanded the matter to the Family Court for a determination of attorneys' fees because the trial justice did not specify an amount of fees to be awarded by conducting hearings or considering evidence related thereto. Accordingly, the Supreme Court affirmed the decision of the trial justice and remanded the matter to the Family Court for further proceedings consistent with the opinion.<br>