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William Stokely Donelson, II v. Nancy Drake Donelson

Citation: Not availableDocket: 01A01-9509-CV-00410

Court: Court of Appeals of Tennessee; February 8, 1996; Tennessee; State Appellate Court

Original Court Document: View Document

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The Court of Appeals of Tennessee affirmed the trial court's decision regarding the award of attorney's fees to the petitioner's attorney, William Stokley Donelson, II, in the case against Nancy Drake Donelson. The sole issue on appeal was whether the $750 fee awarded was reasonable. The trial court's findings indicated that the fee was deemed reasonable after considering the circumstances, and the petitioner/appellant's attorney contended that a higher fee should have been mandated. 

The court referenced prior rulings establishing that if a wife lacks the financial means to retain counsel, the husband may be required to pay for her legal representation. However, there was no evidence presented that the petitioner was financially unable to secure counsel. Consequently, the court concluded that it was within the trial court's discretion to deny awarding additional attorney's fees. 

The appellate court affirmed the trial court's judgment and remanded the case for any necessary further proceedings, with the costs of the appeal charged to the petitioner/appellant.