Whallon v. L.Y.N.N., 356 F.3d 138 (1st Cir. 2004). · Go Syfert
Whallon v. L.Y.N.N., 356 F.3d 138 (1st Cir. 2004). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2016–2021 · 2 courts · …subject to a broad caveat denoted by the words, 'clearly inappropriate. at p. 140
cited 3× by 3 distinct cases, 2016–2020 · 2 courts · …because both parties bear responsibility for the degree of enmity between them ⚠ not in text Topic ↗
69 citation events (69 in the last 25 years) across 24 distinct courts.
Strongest positive: Pawananun v. Pettit (ohnd, 2022-01-11)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 38 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Pawananun v. Pettit (2×) also: Cited as authority (rule)
N.D. Ohio · 2022 · quote attribution · 1 verbatim quote · confidence high
preserving the ability of respondent to care for her child is an important factor to consider
discussed Cited as authority (verbatim quote) Adkins v. Adkins
N.D. Cal. · 2020 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
preserving the ability of a 24 respondent to care for her child is an important factor to consider.
discussed Cited as authority (rule) Geradus George Dhooge v. Anna Elisabeth Pronker
E.D. Ark. · 2025 · confidence medium
In making an award, Court is guided by “the same general standards that apply when ‘attorney's fees are to be awarded to prevailing parties only as a matter of the court's discretion.’” Ozaltin v. Ozaltin, 708 F.3d 355, 375 (2d Cir. 2013) (quoting Fogerty v. Fantasy, Inc., 510 U.S. 1 The Court does not know what fee arrangements counsel made with Ms. Pronker for their representation in this case, but they do not suggest that they have not been paid. 2 See Whallon v. Lynn, 356 F.3d 138, 139-140 (1st Cir. 2004) (citing cases); and Norinder v. Fuentes, 657 F.3d 526 , 536–37 (7th Cir. 20…
discussed Cited as authority (rule) Paz Gomez v. Reyes Gonzalez
W.D. Wash. · 2025 · confidence medium
Castang v. Kim, No. 24-12185, 2024 WL 3949445 , at *2 (11th Cir. 10 Aug. 27, 2024) (citing Whallon v. Lynn, 356 F.3d 138, 139 (1st Cir. 2004)); Rydder v. Rydder, 49 11 F.3d 369 , 373–74 (8th Cir. 1995)). 12 The Court analyzes Petitioner’s requested attorney’s fees and out-of-pocket expenses 13 separately, first determining whether the requested amounts are necessary and then whether the 14 amounts are “clearly inappropriate.” 15 16 B.
cited Cited as authority (rule) Igor Castang v. Katherine Jeong-Eun Kim
11th Cir. · 2024 · confidence medium
Whallon v. Lynn, 356 F.3d 138, 139 (1st Cir. 2004); Rydder v. Rydder, 49 F.3d 369 , 373–74 (8th Cir. 1995).
discussed Cited as authority (rule) Peyre v. McGarey
D. Ariz. · 2023 · confidence medium
As the First Circuit has explained, although this formulation creates a “duty . . . to order 8 the payment of necessary expenses and legal fees,” this duty is “subject to a broad caveat 9 denoted by the words, ‘clearly inappropriate,’” and thus “giv[es] the district court broad 10 discretion.” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004).
discussed Cited as authority (rule) Efthymiou v. Labonte (2×)
N.D. Cal. · 2023 · confidence medium
Furthermore, the statutory provision at issue does not simply enable a prevailing petitioner to seek fees and costs, but rather mandates that the court “shall order” the respondent to pay such expenses unless it would be clearly inappropriate to do so. 22 U.S.C. § 9007 (b)(3); see also Salazar v. Maimon, 750 F.3d 514, 519 (5th Cir. 2014) (awarding fees is “a mandatory obligation”); Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004) (district court has “the duty . . . to order” payment unless the exception is met).
examined Cited as authority (rule) SOULIER v. MATSUMOTO (4×)
D.N.J. · 2022 · confidence medium
See id. at *5 ;3 Hirts v. Hirts, 152 F. App’x 137, 139 (3d Cir. 2005) (affirming the district court’s reduction of an ICARA award based on respondent’s financial circumstances); Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004) (stating, “preserving the ability of a respondent to care for her child is an important factor to consider”).
discussed Cited as authority (rule) Homer v. Homer
S.D. Tex. · 2022 · confidence medium
The statute imposes a duty on this court “to order the payment of necessary expenses and legal fees, subject to a broad caveat denoted by the words, clearly inappropriate.” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004) (citation and internal quotation marks omitted).
discussed Cited as authority (rule) Hulsh v. Hulsh
N.D. Ill. · 2021 · confidence medium
Clearly Inappropriate As discussed by this Court previously, ICARA's presumption of an award of expenses to a prevailing petitioner is “subject to a broad caveat denoted by the words, ‘clearly inappropriate.’” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004).
discussed Cited as authority (rule) Forcelli v. Smith
D. Minnesota · 2021 · confidence medium
This Court “has the duty, under [ 22 U.S.C. § 9007 (b)(3)], to order the payment of necessary expenses and legal fees, subject to a broad caveat denoted by the words, ‘clearly inappropriate.’” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004) (noting that the statute gives “the district court broad discretion in its effort to comply with the Hague Convention consistently with our own laws and standards.”).
discussed Cited as authority (rule) Noergaard v. Noergaard (2×) also: Cited "see"
Cal. Ct. App. · 2020 · confidence medium
(See, e.g., Rydder v. Rydder, supra, 49 F.3d at pp. 373-374 [reducing fees by almost half “because of Mrs. Rydder’s straitened financial circumstances”]; Whallon v. Lynn, supra, 356 F.3d at p. 141 [noting district court’s reduction by two thirds of the total fee award was within district court’s discretion]; Berendsen v. Nichols (D.Kan. 1996) 938 F.Supp. 737, 739 [reducing requested fees and costs by 15 percent in light of father's financial status and support of his children].) 17 Tammy objected to the severely shortened notice of the fees motion she received and requested a continu…
discussed Cited as authority (rule) Hulsh v. Hulsh
N.D. Ill. · 2020 · confidence medium
ICARA’s Clearly Inappropriate Caveat ICARA's presumption of an award of expenses to a prevailing petitioner is “subject to a broad caveat denoted by the words, ‘clearly inappropriate.’” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004).
discussed Cited as authority (rule) Noergaard v. Noergaard CA4/1 (2×) also: Cited "see"
Cal. Ct. App. · 2020 · confidence medium
(See, e.g., Rydder v. Rydder, supra, 49 F.3d at pp. 373-374 [reducing fees by almost half “because of Mrs. Rydder’s straitened financial circumstances”]; Whallon v. Lynn, supra, 356 F.3d at p. 141 [noting district court’s reduction by two thirds of the total fee award was within district court’s discretion]; Berendsen v. Nichols (D.Kan. 1996) 938 F.Supp. 737, 739 [reducing requested fees and costs by 15 percent in light of father's financial status and support of his children].) 17 Tammy objected to the severely shortened notice of the fees motion she received and requested a continu…
discussed Cited as authority (rule) Leon v. Ruiz
W.D. Tex. · 2020 · confidence medium
It is the Respondent’s burden to show that an award of attorney fees, expenses, and costs would be “clearly inappropriate.” Saldivar, 879 F. Supp. 2d at 632 (citing Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004)).
cited Cited as authority (rule) Jimenez Blancarte v. Ponce Santamaria
E.D. Mich. · 2020 · confidence medium
Mich. June 28, 2007) (citing Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004)).
discussed Cited as authority (rule) La Salle v. Adams
D. Ariz. · 2019 · confidence medium
As the First Circuit has explained, although this formulation creates a “duty . . . to order 28 the payment of necessary expenses and legal fees,” this duty is “subject to a broad caveat 1 denoted by the words, ‘clearly inappropriate,” and thus “giv[es] the district court broad 2 discretion.” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004).
cited Cited as authority (rule) Kevin Coe v. Seon Hwa Coe
Va. Ct. App. · 2016 · confidence medium
It is “the respondent’s burden to establish that a fee/expense [award] would be clearly inappropriate.” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004).
discussed Cited as authority (rule) Souratgar v. Fair
2d Cir. · 2016 · confidence medium
ICARA’s presumption of an award of expenses to a prevailing petitioner is “subject to a broad caveat denoted by the words, ‘clearly inappropriate.’ ” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004).
discussed Cited as authority (rule) Souratgar v. Fair
2d Cir. · 2016 · confidence medium
ICARA’s presumption of an award of expenses to a prevailing petitioner is “subject to a broad caveat denoted by the words, ‘clearly inappropriate.’” Whallon 15 v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004).
examined Cited as authority (rule) Mendoza v. Silva (3×)
N.D. Iowa · 2014 · confidence medium
ICARA, however, shifts the burden to a respondent to show why an award of fees, costs, and expenses would be “clearly inappropriately.]” [ (quoting 42 U.S.C. § 11607 (b)(3)).] The First Circuit has explained that under § 11607(b)(3), the district court “has a duty ... to order the payment of necessary expenses and legal fees, subject to a broad caveat denoted by the words, ‘clearly inappropriate.’ ” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004).
discussed Cited as authority (rule) West v. Dobrev
10th Cir. · 2013 · confidence medium
The First Circuit has explained that under § 11607(b)(3), the district court “has a duty ... to order the payment of necessary expenses and legal fees, subject to a broad caveat denoted by the words, ‘clearly inappropriate.’ ” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004).
discussed Cited as authority (rule) Gallardo v. Orozco
W.D. Tex. · 2013 · confidence medium
It is the respondent’s burden to show that an award of attorney fees, expenses, and costs would be “clearly inappropriate.” Saldivar v. Rodela, 879 F.Supp.2d 610, 632 (W.D.Tex.2012) (quoting Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004); see also Saldivar v. Rodela, 894 F.Supp.2d 916 (W.D.Tex.2012) (providing detailed analysis of an award of attorney fees and costs in a case arising under the Convention)).
discussed Cited as authority (rule) Ozaltin v. Ozaltin
2d Cir. · 2013 · confidence medium
ICARA provides that Any court ordering the return of a child pursuant to an action brought under section 11603 of this title shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate. 42 U.S.C. § 11607 (b)(3) (emphases supplied). 26 A district court’s costs award un *375 der the Hague Convention is reviewe…
discussed Cited as authority (rule) Munoz v. Ramirez
W.D. Tex. · 2013 · confidence medium
It is the respondent’s burden to show that an award of attorney’s fees, expenses, and costs would be “clearly inappropriate.” Saldivar v. Rodela, 879 F.Supp.2d 610, 631-32 (W.D.Tex.2012) (quoting Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004); see also Saldivar v. Rodela, 894 F.Supp.2d 916 (W.D.Tex.2012).
discussed Cited as authority (rule) Bernal v. Gonzalez
W.D. Tex. · 2012 · confidence medium
It is the respondent’s burden to show that an award of attorney’s fees, expenses, and costs would be “clearly inappropriate.” Saldivar v. Rodela, 879 F.Supp.2d 610, 631-32 (W.D.Tex.2012) (quoting Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004)); see also Saldivar v. Rodela, 894 F.Supp.2d 916 (W.D.Tex.2012).
examined Cited as authority (rule) Saldivar v. Rodela (3×)
W.D. Tex. · 2012 · confidence medium
The respondent has the burden to show that an award of fees or expenses would be “clearly inappropriate.” Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004).
cited Cited as authority (rule) Saldivar v. Rodela
W.D. Tex. · 2012 · confidence medium
Id.; Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004) [hereinafter Whallon II ].
cited Cited as authority (rule) Norinder v. Fuentes
7th Cir. · 2011 · confidence medium
Whallon v. Lynn, 356 F.3d 138, 139 (1st Cir.2004); Rydder v. Rydder, 49 F.3d 369, 373-74 (8th Cir.1995).
cited Cited as authority (rule) Neves v. Neves
W.D.N.C. · 2009 · confidence medium
Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir.2004).
cited Cited "see" Saavedra v. Montoya
E.D.N.Y · 2024 · signal: see · confidence high
See Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004).
discussed Cited "see" Romanov v. Soto (2×)
M.D. Fla. · 2022 · signal: see · confidence high
See Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004) (“We do not accept respondent’s belated invitation to use a fee award determination arising out of Hague Convention proceedings as a means of rectifying past violations of child support obligations.
discussed Cited "see" Jan Rath v. Veronika Marcoski (2×) also: Cited "see, e.g."
11th Cir. · 2018 · signal: see · confidence high
See Whallon , 356 F.3d at 139-40 (citing cases); Norinder v. Fuentes , 657 F.3d 526 , 536-37 (7th Cir. 2011) ; Mendoza v. Silva , 987 F.Supp.2d 910 , 917 (N.D.
cited Cited "see" Aldinger v. Segler
1st Cir. · 2005 · signal: see · confidence high
See Whallon v. Lynn, 356 F.3d 138,140 (1st Cir.2004).
discussed Cited "see, e.g." Vaquero Llanso v. Rojas Rivers
S.D. Fla. · 2024 · signal: see also · confidence medium
Id. (quoting Salazar v. Maimon, 750 F.3d 514, 519 (5th Cir. 2014)); see also Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004) (stating that a district court has “the duty” to award necessary expenses, subject to the “clearly inappropriate” exception).
discussed Cited "see, e.g." Peyre v. McGarey
D. Ariz. · 2023 · signal: see, e.g. · confidence medium
See, e.g., Whallon v. Lynn, 356 F.3d 138, 140 (1st Cir. 2004) 16 (characterizing the “clearly inappropriate” standard as “a broad caveat” that “giv[es] the 17 district court broad discretion in its effort to comply with the Hague Convention consistent 18 with our own laws and standards”); Ozaltin v. Ozaltin, 708 F.3d 355, 375 (2d Cir. 2013) 19 (“[A] prevailing petitioner in a return action is presumptively entitled to necessary costs, 20 subject to the application of equitable principles by the district court.
discussed Cited "see, e.g." Grano v. Martin
S.D.N.Y. · 2021 · signal: see, e.g. · confidence medium
See, e.g., Whallon v. Lyon, 356 F.3d 138, 141 (1st Cir. 2004) (affirming reduction in fees and expenses by 65%); Rydder v. Rydder, 49 F.3d 369, 373-74 (8th Cir. 1995) (reducing fee award by around 46% after considering respondent’s straitened financial circumstances); In re J.R., 2017 WL 74739 , at *4 (reducing award by two-thirds after considering respondent’s inability to pay); Willing v. Purtill, 07-CV-1618, 2008 WL 299073 , at *1 (D.
discussed Cited "see, e.g." Cartes v. Phillips
S.D. Tex. · 2017 · signal: see also · confidence medium
For cases arising under the Convention, the ICARA provides that “[a]ny court ordering the return of a child pursuant to an action brought under section 9003 of this title shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster homes or other care during the course of the proceedings in the action, and transportation costs related to the return .of the child, unless the respondent establishes that such order would be clearly inappropriate.” 22 U.S.C. § 9007 (b)(3); Sealed Appellant, 394 F.3d at 346 ; see als…
Richard WHALLON, Petitioner, Appellee,
v.
Diana LYNN, Respondent, Appellant
03-1742.
Court of Appeals for the First Circuit.
Jan 22, 2004.
356 F.3d 138
2004 U.S. App. LEXIS 908
2004 WL 100394
Barry S. Pollack with whom Donnelly, Conroy & Gelhaar was on brief for appellant., Mary A. Azzarito with whom Stephen J. Cullen and Miles & Stockbridge, P.C. were on brief for appellee.
Lipez, Coffin, Barbadoro.
Cited by 39 opinions  |  Published
[*139] COFFIN, Senior Circuit Judge.

This is an appeal from an award of attorney’s fees and expenses to petitioner-appellee, who brought an action to secure the return of his child from the United States to her habitual residence, Mexico, under the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670, 19 I.L.M. 1501 (1980). We ordered the child’s mother, the respondent-appellant, to return the child in Whallon v. Lynn, 230 F.3d 450 (1st Cir.2000). She now challenges the fee award.

The district court granted petitioner’s request for fees and costs under the legislation implementing the Convention, the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11607(b)(3), which pertinently states, “Any court ordering the return of a child pursuant to an action brought under section 11603 of this title shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner ... unless the respondent establishes that such order would be clearly inappropriate.”

The court first engaged in a meticulous review of the claimed fees and expenses to determine their necessity. In a methodical weeding of relevant and adequately supported expenses from those clearly unnecessary or inadequately explained or supported, it reduced the award for expenses by more than seventy percent (from $23,463.17 to $6,929.78). After considering the requested fees for both United States and Mexican counsel, the court found the claimed 234.1 hours “extreme even granting that this is an extraordinarily contentious case.” It reduced the fees awarded by one half (from $41,403 to $20,701.50).

The court then considered respondent’s claim that an award of the magnitude requested was inappropriate because she was unable to pay for it, living on loans from family and friends. It then further reduced the legal fees by 25 percent (from $20,701.50 to $15,526.13). It cited two cases that have considered a respondent’s limited financial means and the economic impact on the children in reducing a fee award. See Rydder v. Rydder, 49 F.3d 369, 373-74 (8th Cir.1995) (46 percent reduction because of respondent’s “straitened financial circumstances”); Berendsen v. Nichols, 938 F.Supp. 737, 739 (D.Kan.1996) (15 percent reduction; “a fee award which unduly limited respondent’s ability to support his children would be ‘clearly inappropriate’ ”).

In sum, the court’s reductions of fees and expenses amounted to 65 percent (from $64,866.17 to $22,455.91). In granting petitioner’s motion, the court specified that one firm, Miles & Stockbridge, be awarded $13,973.91 (covering both allowed fees and expenses), and that the Mexican firm of Tucker & Cinquegrana be awarded $8,482.

Discussion

Respondent raises two issues on appeal. She claims, first, that the court erred in not considering “either the failure of [petitioner] to pay child support or how the award would affect the best interests of the child,” and second, that it erred in awarding fees and expenses “in favor of counsel, rather than in favor of the party.”

With reference to the matters considered by the court in determining fees and expenses, counsel agreed at oral argument that the standard governing our review is abuse of discretion. This is consistent with such cases dealing with attorney’s fee awards as Larch v. Mansfield Mun. Elec. Dep't, 272 F.3d 63, 75 (1st Cir.2001).

Respondent asserts that the court “refused to delve as deeply as was necessary” into respondent’s financial condition to[*140] protect the child’s best interests, and that it refused to consider petitioner’s flagrant failure to make support payments in an amount alleged to exceed the amount of the fee award. Respondent acknowledges that there are no cases where a “clearly inappropriate” standard has resulted in denial of all fees to a party successful in seeking return of a child, but avers that no other known petitioner was guilty of such egregious failure to support.

The district court has the duty, under 42 U.S.C. § 11607(b)(3), to order the payment of necessary expenses and legal fees, subject to a broad caveat denoted by the words, “clearly inappropriate.” We agree with the Berendsen and Rydder courts that preserving the ability of a respondent to care for her child is an important factor to consider. We also read the statute as giving the district court broad discretion in its effort to comply with the Hague Convention consistently with our own laws and standards. Finally, it is clear from the statute that the respondent has the burden to establish that a fee/expense order would be clearly inappropriate.

Our review convinces us that the district court did not abuse its discretion. We begin by looking at what was presented to the district court for its decision. After petitioner filed his motion for fees on August 17, 2000, respondent filed an opposition, listing seven reasons, beginning with her “straitened financial circumstances.” Petitioner’s failure to support respondent and them child was listed only as one of the reasons why respondent should not be burdened by a fee requirement. In its decision, the court stated that an award in the amount claimed for fees and expenses would be “ ‘clearly inappropriate’ for the reasons [respondent] articulated.”

Following the court’s decision on April 18, 2003 — some two and a half years after her original opposition — respondent filed a motion for reconsideration in which the only basis for reversal was the court’s failure to consider petitioner’s neglect of his child support obligations for several years.

We do not accept respondent’s belated invitation to use a fee award determination arising out of Hague Convention proceedings as a means of rectifying past violations of child support obligations. Our focus remains on the question whether respondent has clearly established that it is likely that her child will be significantly adversely affected by the court’s award. The only evidence given us of respondent’s ability to provide for her child is the affidavit she submitted to the court over two years earlier, on November 27, 2000, and never supplemented. This two page document contains four averments of a general or conelusory nature: (1) she was “financially unable to contribute to [petitioner’s] attorneys’ fees;” (2) she has “not been employed outside of the home for over a year;” (3) she has “no source of income;” and (4) she has “obtained loans from family and friends” for support.

Before this affidavit was filed, on August 28, 2000, respondent, in her opposition to petitioner’s motion for fees, stated: “If the Court is inclined to award attorneys’ fees and expenses, Respondent requests a reduction in the attorneys’ fees and costs requested by Petitioner given her financial status and her ability to support Micheli.” About eight months later, after the affidavit was filed, in her “Opposition to Memorandum in Support of Motion for ‘Necessary’ Expenses,” she stated: “Whittled down to even the arguably identifiable and necessary expenses, Petitioner is entitled to no more than $8,000 in legal fees and necessary expenses.”

[*141] While Respondent continued to argue that no counsel fees should be awarded, there was no suggestion that if this less desired course of reduction (rather than elimination) of fees and expenses were adopted, dire results would ensue for her child. Nor was there any evidentiary basis advanced to help the court decide how increasing the award above $8,000 would jeopardize respondent’s ability to care for her child. We have no criticism of respondent’s desire to argue for two courses in the hopes of persuading the district court to adopt the stronger one. But stating a lesser objective as a permissible alternative form of relief, and then later claiming, without further evidentiary support, that accepting this route was reversible error, falls far short of carrying the burden of demonstrating that this award is “clearly inappropriate.”

In any event, the court had before it all the material respondent offered, not only describing her financial condition but also asserting the prolonged lack of contribution for support from petitioner. That the court gave serious consideration to respondent’s presentation is indicated both by its specific reference to it and by the dramatic, even drastic, reduction of the total award by two thirds. Although we do not minimize the import of the alleged financial neglect by petitioner, we see no basis for saying that the court abused its discretion in responding to the record before it.

The second issue, concerning the propriety of naming the two law firms as recipients of the fee awards, is, in our opinion, a non-issue. The essential fact is that the court granted the motion, which asked that the court “award him” the total amount claimed. That the court chose, given separate counsel with separate claims for fees and expenses, to specify which law firms were to receive discrete amounts, does not seem to raise a serious question. In other words, we read the order as granting the award, as modified, to petitioner, but allocating the funds in accordance with the supporting documents. If petitioner has a problem, he can raise it, but at this juncture we see none.

Affirmed.