Mitchell v. Mitchell
Annotate this CaseKathleen and Richard Mitchell divorced in 1990. In 2008, Richard filed a motion to modify spousal maintenance. In 2009, Kathleen filed a motion for attorney fees and costs incurred as a result of defending Richard's motion. On June 30, 2009, the family court entered an order finding there were insufficient grounds to support Richard's motion. The order, however, did not mention Kathleen's motion. On September 16, 2009, the family court granted Kathleen's motion and awarded her $19,161 in attorney fees. The court of appeals reversed, finding that the family court did not have jurisdiction over Kathleen's motion. The Supreme Court reversed the court of appeals, holding that the order denying Richard's motion to modify maintenance did not terminate the family court's jurisdiction as to Kathleen's motion for fees and costs. Remanded.
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