Padilla v. Padilla

The trial court erred in awarding to wife $7,200 in attorneys' fees for services of two attorneys, who provided legal representation to the wife in prior legal actions separate from the instant divorce proceeding.

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This case involves an appeal of a divorce decree entered on June 14, 2006, ending the marriage between appellant Don Diego Padilla and appellee Shari Josie Padilla.1 The Padillas were married in 1984 and settled in Florida. They had three children, only one of whom is still a minor. The couple separated in October 1998, and in March 1999, appellee moved with the three children to Lawrenceville, Georgia. The couple made attempts to reconcile but were unsuccessful. After filing two previous divorce actions, both of which were dismissed without prejudice, appellee filed this action for divorce in April 2006. The parties resolved custody and visitation issues by agreement and submitted the remaining issues for resolution by the court. Following a bench trial, a final order was entered on June 14, 2006 granting the divorce, setting child support, allocating remaining property, and awarding attorney fees to appellee. Appellant filed a motion for new trial, which was denied, and thereafter filed this timely appeal.

1. The trial court awarded $8,500 in attorney fees jointly to appellee and her counsel herein and an additional $7,200 to appellee representing attorney fees paid to attorneys Richard Moore and Dan Landis, who represented appellee in prior legal actions separate from the instant divorce proceeding. Specifically, Attorney Moore represented appellee in a prior divorce proceeding filed in Gwinnett County and dismissed for lack of jurisdiction; Attorney Landis represented appellee in proceedings before the IRS in an effort to procure “innocent spouse” status with respect to a tax debt arising out of her husband’s business. Appellant contends that the trial court lacked the necessary statutory basis to award the $7,200 in fees incurred in the separate proceedings.

Padilla v. Padilla

The trial court erred in awarding to wife $7,200 in attorneys' fees for services of two attorneys, who provided legal representation to the wife in prior legal actions separate from the instant divorce proceeding.

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