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Judges affirm man must pay $5,000 in attorney fees to ex-wife

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An Allen County man was unsuccessful in his attempts to persuade the Indiana Court of Appeals to reverse the order he pay $5,000 in attorney fees to his ex-wife in litigation over their child’s contact with the ex-wife’s new husband.

When Kelley Kelly and Tiffany Kravec divorced, they shared legal custody of T.K. with Kelly having primary physical custody. After a petition to modify custody was filed, Kelly, Kravec and their spouses underwent psychological evaluations. T.K.’s stepfather was required to have an independent evaluation based on his answers and was not to be alone with T.K. There was an allegation that he had used an abusive punishment with his own child. The stepfather immediately completed the evaluation, which found the claim unsubstantiated. But Kelly for two years continued to resist removing the provision that T.K. only be allowed supervised contact with her stepfather.

The issue eventually went to mediation, where the parties agreed T.K. could be left alone with her stepfather. Over the course of the two years, Kravec sought attorney fees from Kelly, but that was not mentioned in the stipulation.

The trial court awarded Kravec $5,000 for attorney fees.

In Kelley L. Kelly v. Tiffany L. Kravec, 02A05-1304-DR-158, Kelly argued that the trial court’s award of attorney fees was erroneous because Kravec’s conduct was the cause of her attorney fees; her attorney fee request was barred by res judicata; and the trial court did not hold a separate hearing on the reasonableness of Kravec’s attorney fees.

“Father’s argument that the trial court’s award of attorney fees was improper because Mother’s misconduct was responsible for the delay in resolving the supervised contact issue is nothing more than a request that we reweigh the evidence and witness credibility, which we will not do,” Judge Rudolph Pyle III wrote.

“The 2012 Agreed Stipulation did not contain any provision regarding attorney fees but noted that all pending matters were scheduled for a future hearing. The trial court entered an order approving the parties’ 2012 Agreed Stipulation, but that order was not a final judgment because there were still matters pending before the trial court and because it did not dispose of all issues. Accordingly, claim preclusion does not apply because the 2012 Stipulated Agreement was not a final judgment,” he continued.

Lastly, the COA held because Kelly did not object to the admission of the fee affidavit, the reasonableness of the fees, or the lack of a separate evidentiary hearing, he waived appellate review of any argument challenging the lack of separate hearing or reasonableness of the fees.
 

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  1. Oh yes, lifetime tenure. The Founders gave that to the federal judges .... at that time no federal district courts existed .... so we are talking the Supreme Court justices only in context ....so that they could rule against traditional marriage and for the other pet projects of the sixties generation. Right. Hmmmm, but I must admit, there is something from that time frame that seems to recommend itself in this context ..... on yes, from a document the Founders penned in 1776: " He has refused his Assent to Laws, the most wholesome and necessary for the public good."

  2. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  3. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  4. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

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