Thompson v. Thompson

SUPPLEMENTAL OPINION ON MOTION FOR REHEARING

HATHAWAY, Chief Judge.

On motion for rehearing, the intervenor-appellee urges reconsideration of that portion of our decision pertaining to attorneys’ fees. We adhere to our opinion that A.R.S. *133See. 25-324 as to the allowance of such fees applies only to proceedings under Title 25, Chapter 3. However, the record is not clear as to what portion of the total hours expended by counsel in representing Mrs. Thompson is attributable to the show cause proceedings under Title 25. Because of the unusual circumstances in this appeal, we deem it appropriate to remand the issue of attorneys’ fees for determination by the trial court.

We adhere to our disposition of this appeal in all respects except as to modification of the judgment for attorneys’ fees. That portion of the judgment is set aside and the matter remanded for determination by the trial court of the amount of fees to be allowed for the show cause proceedings. Judgment in favor of appellee/attorneys in such amount plus the prior unpaid judgment for attorneys’ fees and costs in the sum of $1,832.30 shall be entered against appellant.

HOWARD and RICHMOND, JJ., concur.