Hill v. Hill

45 Citing cases

  1. Hernandez v. Land

    No. M2022-01712-COA-R3-CV (Tenn. Ct. App. Jan. 22, 2025)

    In exercising our discretion, we consider: (1) the requesting party's ability to pay the accrued fees; (2) the requesting party's success in the appeal; (3) whether the requesting party sought the appeal in good faith; and (4) any other relevant equitable factors. Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007). In light of these factors, we decline to award Mother attorney's fees on appeal.

  2. Trezevant v. Trezevant

    No. W2021-01153-COA-R3-CV (Tenn. Ct. App. Jan. 31, 2024)   Cited 2 times

    "Whether to award attorney's fees on appeal is a matter within the sole discretion of this Court." Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007) (citing Archer v. Archer, 907 S.W.2d 412, 419 (Tenn. Ct. App. 1995)). To determine whether an award of fees is appropriate on appeal, we take into consideration "the ability of the requesting party to pay the accrued fees, the requesting party's success in the appeal, whether the requesting party sought the appeal in good faith, and any other equitable factor that need be considered."

  3. Smallman v. Smallman

    689 S.W.3d 845 (Tenn. Ct. App. 2023)   Cited 2 times

    [60, 61] "Whether to award attorney’s fees on appeal is a matter within the sole discretion of this Court." Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007) (citing Archer v. Archer, 907 S.W.2d 412, 419 (Tenn. Ct. App. 1995)). In determining whether an award is appropriate, we take into consideration "the ability of the requesting party to pay the accrued fees, the requesting party’s success in the appeal, whether the requesting party sought the appeal in good faith, and any other equitable factor that need be considered."

  4. Smallbone v. Smallbone

    No. M2020-01556-COA-R3-CV (Tenn. Ct. App. May. 4, 2022)   Cited 5 times

    Pippin v. Pippin, 277 S.W.3d 398, 407 (Tenn. Ct. App. 2008); Shofner v. Shofner, 181 S.W.3d 703, 719 (Tenn. Ct. App. 2004). In exercising our discretion, we consider: (1) the requesting party's ability to pay the accrued fees; (2) the requesting party's success in the appeal; (3) whether the requesting party sought the appeal in good faith; and (4) any other relevant equitable factors. Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007). In light of these factors, we decline to award either party attorney's fees on appeal.

  5. Himes v. Himes

    No. M2019-01344-COA-R3-CV (Tenn. Ct. App. Apr. 20, 2021)   Cited 7 times

    Pippin v. Pippin, 277 S.W.3d 398, 407 (Tenn. Ct. App. 2008). In making our decision, we consider the following factors: (1) the requesting party's ability to pay the accrued fees; (2) the requesting party's success in the appeal; (3) whether the requesting party sought the appeal in good faith; and (4) any other relevant equitable factors. Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007). In light of these factors, we grant Wife's request for fees incurred on appeal.

  6. Gensci v. Wiser

    No. M2019-00442-COA-R3-CV (Tenn. Ct. App. Feb. 26, 2021)   Cited 1 times

    Pippin v. Pippin, 277 S.W.3d 398, 407 (Tenn. Ct. App. 2008); Shofner v. Shofner, 181 S.W.3d 703, 719 (Tenn. Ct. App. 2004). In making our decision, we consider the following factors: (1) the requesting party's ability to pay the accrued fees; (2) the requesting party's success in the appeal; (3) whether the requesting party sought the appeal in good faith; and (4) any other relevant equitable factors. Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007). In light of these factors, we grant Wife's request.

  7. Lee v. Lee

    No. E2019-01653-COA-R3-CV (Tenn. Ct. App. Jan. 28, 2021)

    Pippin v. Pippin, 277 S.W.3d at 407; Shofner v. Shofner, 181 S.W.3d 703, 719 (Tenn. Ct. App. 2004). In making our decision, we consider the following factors: (1) the requesting party's ability to pay the accrued fees; (2) the requesting party's success in the appeal; (3) whether the requesting party sought the appeal in good faith; and (4) any other relevant equitable factors. Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007). In light of these factors, we grant Wife's request.

  8. Sexton v. Carden

    No. E2019-01057-COA-R3-CV (Tenn. Ct. App. Dec. 9, 2020)   Cited 4 times

    Henderson v. Henderson, No. M2013-01879-COA-R3-CV, 2014 WL 4725155, at *12 (Tenn. Ct. App. Sept. 23, 2014). We consider the following factors in our decision to award fees: (1) the requesting party's ability to pay the accrued fees; (2) the requesting party's success in the appeal; (3) whether the requesting party sought the appeal in good faith; and (4) any other relevant equitable factors. Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007). We find that in light of the issues involved in this litigation, the financial positions of the parties, and the resolution of the appellate issues, the award of Ms. Sexton's reasonable appellate attorney fees is appropriate.

  9. Luttrell v. Wassenberg

    No. W2017-02443-COA-R3-CV (Tenn. Ct. App. Jul. 9, 2020)   Cited 2 times
    Holding that a finding of civil contempt for violating a modified parenting plan must be vacated when the modified parenting plan was vacated on appeal for lack of sufficient findings of fact and conclusions of law

    Pippin v. Pippin, 277 S.W.3d 398, 407 (Tenn. Ct. App. 2008); Shofner v. Shofner, 181 S.W.3d 703, 719 (Tenn. Ct. App. 2004). We consider the following factors in our decision to award fees: (1) the requesting party's ability to pay the accrued fees; (2) the requesting party's success in the appeal; (3) whether the requesting party sought the appeal in good faith; and (4) any other relevant equitable factors. Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *6 (Tenn. Ct. App. Dec. 17, 2007). In light of these factors, we decline to award either party attorney's fees on appeal.

  10. Varney v. Stooksbury

    No. E2018-01812-COA-R3-JV (Tenn. Ct. App. Jun. 3, 2020)   Cited 2 times

    "'Whether to award attorney's fees on appeal is a matter within the sole discretion of this Court.'" Luplow v. Luplow, 450 S.W.3d 105, 120 (Tenn. Ct. App. 2014) (quoting Hill v. Hill, No. M2006-02753-COA-R3-CV, 2007 WL 4404097, at *5 (Tenn. Ct. App. Dec. 16, 2007)). "In determining whether an award is appropriate, we take into consideration the 'ability of the requesting party to pay the accrued fees, the requesting party's success in the appeal, whether the requesting party sought the appeal in good faith, and any other equitable factor that need be considered.'"