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In re Flynn

Court of Appeals of Arizona, First Division

October 8, 2015

In re the Marriage of: LOIS ANN FLYNN, Petitioner/Appellee,
v.
CHARLES DAVID RODRICK, Respondent/Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. FC2011-005859 The Honorable Christopher T. Whitten, Judge.

Joe M. Romley, P.C., Phoenix By Joe M. Romley Counsel for Petitioner/Appellee

Charles David Rodrick, Scottsdale Respondent/Appellant

Presiding Judge Donn Kessler delivered the decision of the Court, in which Judge Andrew W. Gould and Judge Patricia K. Norris joined.

MEMORANDUM DECISION

KESSLER, PRESIDING JUDGE.

¶1 Charles David Rodrick ("Husband") appeals from the family court's judgment awarding Lois Ann Flynn ("Wife") attorneys' fees pursuant to Arizona Revised Statutes ("A.R.S.") section 25-324(A) (Supp. 2015).[1] For the following reasons, we affirm.

FACTUAL AND PROCEDURAL HISTORY

¶2 Wife filed a petition for dissolution of marriage in November 2011. After multiple pretrial motions and discovery disputes, a two-day trial was held in May 2013. The Decree of Dissolution, which was entered in December 2013, awarded Wife child support and divided the parties' community property and debts. The court also awarded Wife her reasonable attorneys' fees and costs based on a disparity in financial resources:

THE COURT FINDS that there is a substantial disparity of financial resources between the parties. Because of the disparity [Husband] has considerably more resources available to contribute toward [Wife's] attorney fees and costs.
IT IS THEREFORE ORDERED granting, in part, [Wife's] request for attorney fees and costs. The Court will award the amount of those fees which, in equity, based upon the disparity of financial resources between the parties, is appropriate.
IT IS FURTHER ORDERED that [Husband] shall pay a portion of [Wife's] reasonable attorney fees and costs. Not later than December 9, 2013, counsel for [Wife] shall submit all necessary and appropriate documentation to support an application for a partial award of attorney fees and costs, including a China Doll Affidavit and a form of order. By no later than December 23, 2013, Father shall file any written objection. The Court shall determine the award and enter judgment upon review of the Affidavit as well as any objections.

The court ultimately entered judgment in favor of Wife in the amount of $50, 000 plus interest.

¶3 Husband timely appealed.[2] We have jurisdiction pursuant to A.R.S. ยง 12-2101(A)(1) ...


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