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DaimlerChrysler Corp. v. Brannon

Where the information before the court on which to base a determination of reasonableness of ad litem fees was that the ad litem worked between 24 and 25 hours on the case, including at least one meeting with the children and their father, incurred certain expenses and will be subject to defending potential liability suits for a period of time which he claims to be 30 years, the trial court abused its discretion by awarding $35,000 in ad litem fees without further evidence to support the award.

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OPINION

DaimlerChrysler appeals the trial court’s award of $35,000 in ad litem fees in conjunction with an order approving the settlement of multiple parties involved in a products liability suit arising out of a multi-car accident. DaimlerChrysler contends that the court abused its discretion by awarding the ad litem fees in the absence of either factually or legally sufficient supporting evidence or an agreement of the parties.

After the parties in the underlying suit reached a settlement, they filed an agreed motion requesting the appointment of an ad litem to review the agreement and to determine whether it would be in the best interests of the two plaintiffs who were minors at the time. The court appointed Dwight Brannon as guardian ad litem on July 18, 2000. Brannon reported to the court that he believed the settlement would be in the best interests of the minors. At an evidentiary hearing on August 8, 2000, the court approved the terms of the parties’ settlement agreement and filled in the blank that had been left for the ad litem fees, ordering that the attorney ad litem *fn1 be awarded $35,000, of which DaimlerChrysler was to pay $34,766. DaimlerChrysler objected that there was no evidence to support the award and that it was excessive in light of the brief time spent by the ad litem on the case. The court had marked Brannon’s reports as exhibits prior to announcing the award, but they were not entered into evidence. Brannon responded to the objection by providing information about the number of hours he had worked on the case. The trial court justified the award, stating that it was taking into consideration the lengthy statute of limitations on any claim that might be brought against Brannon due to his work on the case. The court signed the Agreed Final Judgment.

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