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36 Missouri opinions name it 2 courts 1979–2024 2 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Glenn v. Glenngreen2 sentences2001Glenn v. Glenn, 930 S.W.2d 519, 525 (Mo.App.1996). 2001Glenn v. Glenn, 930 S.W.2d 519, 525 (Mo.App.1996). | 4 | 4 |
Clarke v. Clarkegreen2 sentences2021In Goins v. Goins, 406 S.W.3d 886, 889 (Mo. banc 2013), the Court held that the award of attorney fees on appeal is not an amendment of the dissolution judgment or entry of a new dissolution judgment[;] instead it relates to the collateral matter of a party’s right to pursue a statutorily authorized award of attorney fees pursuant to section 452.355. “‘[T]he circuit court, and only the circuit court, has jurisdiction to consider and grant an award of attorney fees pursuant to section 452.355.’” Id. (quoting Clarke v. Clarke, 983 S.W.2d 192, 195 (Mo. App. E.D. 1998)). 2020In Goins v. Goins, 406 S.W.3d 886, 889 (Mo. banc 2013), the Court held that the award of attorney fees on appeal is not an amendment of the dissolution judgment or entry of a new dissolution judgment, instead it relates to the collateral matter of a party's right to pursue a statutorily authorized award of attorney fees pursuant to section 452.355. "'[T]he circuit court, and only the circuit court, has jurisdiction to consider and grant' an award of attorney fees pursuant to section 452.355." Id. (quoting Clarke v. Clarke, 983 S.W.2d 192, 195 (Mo. App. E.D. 1998)). | 3 | 3 |
Goins v. Goinsgreen2 sentences2021In Goins v. Goins, 406 S.W.3d 886, 889 (Mo. banc 2013), the Court held that the award of attorney fees on appeal is not an amendment of the dissolution judgment or entry of a new dissolution judgment[;] instead it relates to the collateral matter of a party’s right to pursue a statutorily authorized award of attorney fees pursuant to section 452.355. “‘[T]he circuit court, and only the circuit court, has jurisdiction to consider and grant an award of attorney fees pursuant to section 452.355.’” Id. (quoting Clarke v. Clarke, 983 S.W.2d 192, 195 (Mo. App. E.D. 1998)). 2021In Goins v. Goins, 406 S.W.3d 886, 889 (Mo. banc 2013), the Court held that the award of attorney fees on appeal is not an amendment of the dissolution judgment or entry of a new dissolution judgment[;] instead it relates to the collateral matter of a party’s right to pursue a statutorily authorized award of attorney fees pursuant to section 452.355. “‘[T]he circuit court, and only the circuit court, has jurisdiction to consider and grant an award of attorney fees pursuant to section 452.355.’” Id. (quoting Clarke v. Clarke, 983 S.W.2d 192, 195 (Mo. App. E.D. 1998)). | 2 | 3 |
McIlroy v. Simmonsgreen2 sentences2017See In re Marriage of Crow, 103 S.W.3d at 783 ; Adams v. Adams, 51 S.W.3d 541, 549 (Mo. App. W.D. 2001); McIlroy v. Simmons, 832 S.W.2d 949, 952 (Mo. App. E.D. 1992). 1993See McIlroy v. Simmons, 832 S.W.2d 949, 952 (Mo.App.1992) [2]. | 2 | 2 |
Corley v. Corleygreen2 sentences2017It states that a court may award attorney’s fees “after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action.” Mother cites to Corley v. Corley, 128 S.W.3d 521, 527 (Mo. App. W.D. 2003) to support her argument that because she partially prevailed a trial, the trial court abused its discretion when it awarded attorney’s fees to Father. 2017It states that a court may award attorney’s fees “after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action.” Mother cites to Corley v. Corley, 128 S.W.3d 521, 527 (Mo. App. W.D. 2003) to support her argument that because she partially prevailed a trial, the trial court abused its discretion when it awarded attorney’s fees to Father. | 2 | 2 |
In Re Marriage of Crow and Gilmoregreen2 sentences2017See In re Marriage of Crow, 103 S.W.3d at 783 ; Adams v. Adams, 51 S.W.3d 541, 549 (Mo. App. W.D. 2001); McIlroy v. Simmons, 832 S.W.2d 949, 952 (Mo. App. E.D. 1992). 2006See In re Marriage of Crow, 103 S.W.3d 778, 783 (Mo.2003); Adams v. Adams, 51 S.W.3d 541, 549 (Mo.App. | 2 | 2 |
Adams v. Adamsgreen2 sentences2017See In re Marriage of Crow, 103 S.W.3d at 783 ; Adams v. Adams, 51 S.W.3d 541, 549 (Mo. App. W.D. 2001); McIlroy v. Simmons, 832 S.W.2d 949, 952 (Mo. App. E.D. 1992). 2006See In re Marriage of Crow, 103 S.W.3d 778, 783 (Mo.2003); Adams v. Adams, 51 S.W.3d 541, 549 (Mo.App. | 2 | 2 |
McCormack v. McCormackgreen2 sentences2013Clarke v. Clarke, 983 S.W.2d 192, 195 (Mo.App. 1998), citing Cascio v. Cascio, 485 S.W.2d 857, 861 (Mo.App.1972); see also McCormack v. McCormack, 238 S.W.2d 858, 864 (Mo.App.1951); State ex rel. 1989Vandegriff v. Vandegriff, 695 S.W.2d 941, 945 (Mo.App.1985); Webb v. Webb, 475 S.W.2d 134, 136 (Mo.App.1971); Burton v. Burton, 475 S.W.2d 623, 625 (Mo.App.1971); Neustaedter v. Neustaedter, 305 S.W.2d 40, 45 (Mo.App.1957); McCormack v. McCormack, 238 S.W.2d 858, 864 (Mo.App.1951). | 2 | 2 |
Bauer v. Bauergreen2 sentences2002Bauer, 38 S.W.3d at 457 (citation omitted). 2001Bauer, 38 S.W.3d at 457 (citation omitted). | 2 | 2 |
Potts v. Pottsgreen2 sentences2017Potts v. Potts , 303 S.W.3d 177 , 196 (Mo. App. W.D. 2010). 2016Thorp v. Thorp, 390 S.W.3d 871, 881 (Mo.App.E.D.2013); see also Potts, 303 S.W.3d at 196 (we presume, the trial court’s award is correct); but see Davis v. Schmidt, 210 S.W.3d 494, 512 (Mo.App.W.D.2007) t“[A]n award of attorney fees under section 452.355.1 represents the exception, rather than the rule.”). | 1 | 2 |
Meierer v. Meierergreen1 sentence2024Under section 452.355, a trial court may award attorney’s fees arising out of a dissolution proceeding which includes “sums for legal services rendered and costs incurred . . . 9 after entry of a final judgment.” See Meierer v. Meierer, 876 S.W.2d 36, 37 (Mo. App. W.D. 1994) (affirming award of attorney’s fees for services rendered on appeal). | 1 | 1 |
Barancik v. Meadegreen1 sentence2020In other words, the trial court must consider “all relevant factors, including the financial resources of both parties.” Id. (citation omitted); see Barancik v. Meade, 106 S.W.3d 582, 594 (Mo. App. W.D. 2003) (“A court is always required to consider the financial resources of both parties before deciding a request for attorney fees.” (citation omitted)). | 1 | 1 |
Ronald Wuebbeling v. Jill Clark, f/k/a Jill Wuebbelinggreen1 sentence2019See, generally, Wuebbeling, 502 S.W.3d at 684 . | 1 | 1 |
Holder v. Holdergreen1 sentence2016Dyche v. Dyche, 570 S.W.2d 293, 296 (Mo.banc 1978); Holder v. Holder, 826 S.W.2d 379, 381 (Mo.App.E.D.1992). | 1 | 1 |
Dyche v. Dychegreen1 sentence2016Dyche v. Dyche, 570 S.W.2d 293, 296 (Mo.banc 1978); Holder v. Holder, 826 S.W.2d 379, 381 (Mo.App.E.D.1992). | 1 | 1 |
Thorp v. Thorpgreen1 sentence2016Thorp v. Thorp, 390 S.W.3d 871, 881 (Mo.App.E.D.2013); see also Potts, 303 S.W.3d at 196 (we presume, the trial court’s award is correct); but see Davis v. Schmidt, 210 S.W.3d 494, 512 (Mo.App.W.D.2007) t“[A]n award of attorney fees under section 452.355.1 represents the exception, rather than the rule.”). | 1 | 1 |
Johnson v. Johnsongreen1 sentence2015“In the absence of a specific request by counsel, the factors need not be the subject of findings of fact or conclusions of law.” P.L.K. v. R.J.K., 682 S.W.2d 486, 489 (Mo.App.1984); see also Johnson v. Johnson, 671 S.W.2d 426, 427-28 (Mo.App.1984). | 1 | 1 |
Plk v. Rjkgreen1 sentence2015“In the absence of a specific request by counsel, the factors need not be the subject of findings of fact or conclusions of law.” P.L.K. v. R.J.K., 682 S.W.2d 486, 489 (Mo.App.1984); see also Johnson v. Johnson, 671 S.W.2d 426, 427-28 (Mo.App.1984). | 1 | 1 |
Schroeder v. Schroedergreen1 sentence2015Similarly, in his third point, Husband contends that the trial court erred in awarding Wife attorney’s fees because the court “failed to consider'Husband’s ability to pay them and the resources of each party, in that Wife had already paid her *146 attorney in full using a marital asset, therefore, the award, of attorney’s fees to Wife provides her with a windfall.” Section 452.355 provides that attorney’s fees may be warranted “from time to time after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during | 1 | 1 |
Cascio v. Casciogreen1 sentence2013Clarke v. Clarke, 983 S.W.2d 192, 195 (Mo.App. 1998), citing Cascio v. Cascio, 485 S.W.2d 857, 861 (Mo.App.1972); see also McCormack v. McCormack, 238 S.W.2d 858, 864 (Mo.App.1951); State ex rel. | 1 | 1 |
S.M.B. ex rel. W.K.B. v. A.T.W.green1 sentence2010S.M.B. v. A.T.W., 810 S.W.2d 601, 607 (Mo.App. | 1 | 1 |
Groenings v. Groeningsgreen1 sentence2010Section 452.355.1 provides that a court may award attorneys’ fees in a dissolution ease “after considering all relevant factors including the financial resources of both parties, the merits of the case and the actions of the parties during the pendency of the action.” “We review the trial court’s decision to award attorneys’ fees for an abuse of discretion.” Groenings v. Groenings, 277 S.W.3d 270, 279 (Mo.App.2008). | 1 | 1 |
Alberswerth v. Alberswerthgreen1 sentence2008The award of attorney fees pursuant to section 452.355 2 falls within the broad discretion of the trial court and “will be overturned only upon showing an abuse of discretion.” Alberswerth v. Alberswerth, 184 S.W.3d 81, 93 (Mo.App. | 1 | 1 |
Lueckenotte v. Lueckenottegreen2 sentences2004To demonstrate an abuse of discretion here, Ms. Lee must show that the trial court’s decision not to award such fees was “against the logic of the circumstances and so arbitrary and unreasonable as to shock one’s sense of justice.” Id. 2004“It is within the trial court’s discretion whether or not to award attorney’s fees under section 452.355.” Lueckenotte v. Lueckenotte, 34 S.W.3d 387, 399 (Mo. banc 2001). | 1 | 1 |
Crawford v. Crawfordgreen2 sentences2001Crawford v. Crawford, 986 S.W.2d 525, 533 (Mo.App. 2001Crawford v. Crawford, 986 S.W.2d 525, 533 (Mo.App. | 1 | 1 |
Calhoun v. Calhoungreen1 sentence2000See also, Calhoun v. Calhoun, 934 S.W.2d 14 (Mo.App.1996). | 1 | 1 |
| Liberman v. Libermangreen | 1 | 1 |
| Potter v. Deslogegreen | 1 | 1 |
| Weast v. Weastgreen | 1 | 1 |
| Burton v. Burtongreen | 1 | 1 |
| Vandegriff v. Vandegriffgreen | 1 | 1 |
| Neustaedter v. Neustaedtergreen | 1 | 1 |
| Webb v. Webbgreen | 1 | 1 |
| In Re the Marriage of Brewergreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Davis v. Schmidtgreen1 sentence2016Thorp v. Thorp, 390 S.W.3d 871, 881 (Mo.App.E.D.2013); see also Potts, 303 S.W.3d at 196 (we presume, the trial court’s award is correct); but see Davis v. Schmidt, 210 S.W.3d 494, 512 (Mo.App.W.D.2007) t“[A]n award of attorney fees under section 452.355.1 represents the exception, rather than the rule.”). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Hihn v. Hihn
green
2 sentences2014Hihn is inapposite because it concerned an award of attorneys’ fees pursuant to section 452.355, which governs attorneys’ fees in dissolution proceedings. 237 S.W.3d at 609 . 2014Hihn is inapposite because it concerned an award of attorneys’ fees pursuant to section 452.355, which governs attorneys’ fees in dissolution proceedings. 237 S.W.3d at 609 . | 2 | 2014–2014 |
Bruns v. Bruns
green
1 sentence2017"While there are some cases that involve both an award of attorney’s fees under section 452.355 and civil contempt, these cases also involve either a proceeding for failure to pay child support, or a proceeding under sections 452.300 to 452. 415.” Id. at 452 n.2. | 1 | 2017–2017 |
Sullivan v. Sullivan
green
2 sentences2007“The trial court’s decision as to a request for an award of attorney’s fees is presumptively correct.” Id. 2007In awarding fees under section 452.355, “ ‘[t]he trial court is, of course, an expert on the issue of attorney’s fees and may independently determine and award such fees as it deems appropriate.’” Id. (citation omitted). | 1 | 2007–2007 |
| Hawkins v. Hawkins green | 1 | 1979–1979 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.