law-attorneys-fees-divorce



Post-divorce partition suit

Susan further contends that the trial court abused its discretion in awarding Louis attorney’s fees.  The trial
court, however, had statutory authority to award fees independent of Susan’s sanctionable conduct.  The
Texas Family Code provides: “In a proceeding to divide property previously undivided in a decree of divorce
or annulment as provided by this subchapter, the court may award reasonable attorney’s fees as costs.”  
Tex. Fam. Code Ann. § 9.205 (Vernon 2006).  Given that Susan did not prevail on her claim, the trial court
properly exercised its discretion to award fees to Louis.  Louis’s counsel testified to their fees and submitted
billing invoices.  Furthermore, Susan’s own attorney testified that he believed that Louis had a right to
attorney’s fees.  The trial court did not abuse its discretion in awarding Louis attorney’s fees.
Source:
Messina v. Messina (Tex.App- Houston [1st Dist.] July 24, 2008)(Bland)
(divorce post-judgment proceeding, undisclosed assets, MSA, sanctions, dismissal with prejudice following
nonsuit)
AFFIRM TC JUDGMENT: Opinion by Justice Bland
Before Chief Justice Radack, Justices Jennings and Bland
01-07-00277-CV Susan Gail Messina v. Louis Anthony Messina
Appeal from 308th District Court of Harris County
Trial Court Judge: Hon. Georgia Dempster