Krebs v. Krebs

CONCURRING AND DISSENTING OPINION BY

KLEIN, J.:

¶ 1 I fully agree with the majority that the trial court abused its discretion in limiting counsel fees to $5,000.00. I also agree that the award of attorney’s fees was caused by the unreasonable and/or obstreperous conduct of the Appellee. However, I believe that rather than reversing for the award of the full amount of counsel fees,1 we should give the trial judge another opportunity to assess counsel fees either at the requested sum or another sum which might be somewhat less than the full amount claimed. Simply because the trial court abused its discretion in initially lowering the amount of attorney’s fees awarded does not necessarily mean that amount sought was necessary and appropriate. We are not a fact finding court and I believe it is appropriate for the trial court to review the request for fees and provide detailed reasoning for its decision to either award the entire fee or something lesser.2

*1183¶ 2 Without meaning to suggest that these items are inappropriate, I note that the appellant is claiming approximately 17 hours over 7 days to review and edit a brief. On another date it took one hour to draft a motion for extension of time and an accompanying letter to the Superior Court. Drafting and finalizing the docketing statement and an accompanying letter took over two hours. These may well be appropriate amounts of time to spend on these tasks on this case, but I believe that it is for the trial court to make that initial determination not our Court. It is clear that the trial court believed the fees sought were excessive, I believe the trial court should be allowed another opportunity to explain why.

¶ 3 Therefore, I would dispose of the case by concluding “that the trial court abused its discretion in awarding only $5,000.00 of counsel fees,” and vacating the order and remanding the case for the award of a greater amount of counsel fees consistent with this memorandum and would relinquish jurisdiction.

. The counsel fees sought were $15,408.83 billed from October 24, 2006 to December 7, 2007 which represents approximately 14 months of work. This is a slightly shorter time period than the 2 56 years of work cited by the majority on page 6 of their decision.

. This does not mean that I expect the trial court, in this or any review of fees, to use a fine toothed comb on the petition for fees. However, I believe the litigants, and our Court in the event of appeal, deserve a more complete statement of reasoning than "the case wasn't that complicated.”