In the divorce case of Major v. Dack, the Circuit Court for Arlington Couty, awarded Wife, Ms. Dack, attorney's fees in the amount of $210,095.81. Mr. Major, the Husband, appealed the decision to award attorney's fees based upon his claim that he was not allowed to provide evidence rebutting the award.
Over the course of the litigation, wife filed three motions to compel husband to fully respond to her discovery requests and to award her attorney fees. The parties agreed to resolve each motion, and the circuit court reserved wife’s request for attorney fees under her first two motions for resolution at the final hearing in the case.
The Court of Appeals unanimously held that no oral argument was necessary as the Mr. Major had failed to timely file a transcript or a written statement of facts in support of his claims. Instead, the evidence was filed with the Court of Appeals and not with the clerk's office. The failure by Mr. Major to abide by Rule 5A:B(a) led to the decision to affirm the Circuit Court's award of attorney's fees to Ms. Dack.
Costly mistake!
If need assistance with your divorce, or if you have questions about appeals or attorneys fees, please feel free to call us at (434)293-4562 or email us at rob@robhagylaw.com. Or, you can visit us online at www.charlovilttesledivorceattorney.com.- Rob Hagy
Comments