(concurring in part and dissenting in part).
[If 21.] I concur in all of the Court’s opinion, except that portion of Issue 2 that reverses the trial court’s decision to deny Patricia’s attorney fees incurred at trial. In the prior appeal, this Court remanded the attorney fee issue to the trial court for consideration. The trial court subsequently entered findings reflecting that it considered appropriate standards. The trial court denied Patricia’s request because this case involved a legitimate dispute, both parties expended considerable attorney fees and expenses, and Richard did not unreasonably increase the cost of these proceedings.
[¶ 22.] In my view, a decision made for these reasons is not an abuse of discretion; i.e., discretion exercised to an end or purpose not justified by, and clearly against reason and evidence. See supra, ¶ 7. Here, both parties incurred substantial attorney fees in a lengthy dispute, the trial court expressly found that Richard did not unreasonably delay the proceedings, and this dispute involved a case of first impression in this jurisdiction. See supra, ¶ 12. Moreover, we have only had the benefit of reviewing the party’s briefs on two occasions, while the trial court considered the attorney fee issue after substantial involvement with the parties throughout the trials preceding both appeals. Under these circumstances, I would affirm the trial court’s decision on fees incurred at trial.