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Fort v. Rucker-Fort

The trial court erred in invoking its equity powers to enforce an attorneys' fee provision in the couple's divorce decree and to award attorneys' fees to the ex-wife, despite the fact that the parties' subsequent accord and satisfaction superseded the divorce decree.

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In this domestic relations matter, Carl Fort appeals an order in which the trial court invoked its equity powers to direct him to pay his ex-wife’s Rebecca Rucker-Fort, hereinafter “Rucker” attorney fees despite the fact that the court did not rule in his ex-wife’s favor on the underlying claim. For the reasons set forth below, we reverse. Equitable relief is generally a matter within the sound discretion of the trial court, and such action should be sustained where such discretion has not been abused. Dawson v. Dawson .1 However, “the standard of review for a question of law on appeal is de novo. When a question of law is at issue, as here, we owe no deference to the trial court’s ruling and apply the ‘plain legal error’ standard of review.” Punctuation omitted. Clark v. Clark .2

The record here shows that on March 28, 2003, Fort and Rucker were divorced pursuant to a final judgment and decree. The divorce decree incorporated a settlement agreement, which obligated Fort to pay alimony and to purchase a house for Rucker. The settlement agreement also obligated Fort to pay $1,000 of Rucker’s attorney fees. Two years later, Fort filed a Chapter 7 bankruptcy petition. On June 22, 2005, a final decree regarding Fort’s bankruptcy petition was entered. Under that decree, creditors were enjoined from pursuing contempt actions against Fort to collect a debt.

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