Martin v. Martin

5 Citing cases

  1. Pittman v. Pittman

    652 So. 2d 1105 (Miss. 1995)   Cited 24 times
    In Pittman, 652 So.2d at 1112, the supreme court recognized that in awarding attorney's fees in that case, "the chancellor obviously concluded that [the husband's] conduct in trying to convey the house to his sister and niece warranted the imposition of these fees.

    In his opinion the chancellor stated: Consistent with the ruling of the Court in Martin v. Martin, 566 So.2d 704 (Miss. 1990), each party is equally capable of paying their attorney's fees, and, therefore, no attorney's fees are awarded in this cause, but both parties are receiving properties from which the fees can be paid or they may be paid from their earnings, except as follows. The Court does assess an attorney's fee of $1,500 and the costs in this proceeding against the defendant [James] in view of the fact that it was necessary for the plaintiff [Claudine] to bring an additional action to require that defendant [James] be prohibited from transferring the marital domicile and to set a previous conveyance aside.

  2. Gray v. Gray

    98 CA 389 (Miss. 1999)   Cited 32 times

    1994). It is well settled in Mississippi that if a party is financially able to pay an attorney, an award of attorney's fees is not appropriate. Benson v. Benson, 608 So.2d 709, 712 (Miss. 1992); See Martin v. Martin, 566 So.2d 704, 707 (Miss. 1990). Furthermore, if the record is insufficient to demonstrate the wife's inability to pay the attorney's fees, then an award of the fees is an abuse of discretion. Benson, 608 So.2d at 712; Jones v. Starr, 586 So.2d 788, 792 (Miss. 1991).

  3. Mizell v. Mizell

    92 CA 500 (Miss. 1998)   Cited 77 times   1 Legal Analyses
    Holding that contempt is not necessary for the moving party to be awarded attorney's fees

    The question of attorney's fees in a divorce action is a matter largely entrusted to the sound discretion of the trial court. Martin v. Martin, 566 So.2d 704 (Miss. 1990); Devereaux v. Devereaux, 493 So.2d 1310 (Miss. 1986); Kergosien v. Kergosien, 471 So.2d 1206, 1207 (Miss.

  4. Sarver v. Sarver

    687 So. 2d 749 (Miss. 1997)   Cited 30 times

    "If a party is financially able to pay her attorney, an award of attorney's fees is not appropriate." Martin v. Martin, 566 So.2d 704, 707 (Miss. 1990). See also Jones v. Starr, 586 So.2d 788, 792 (Miss.

  5. Dunn v. Dunn

    609 So. 2d 1277 (Miss. 1992)   Cited 80 times
    Finding the best interest of the child is main concern in determining visitation

    Jones v. Starr, 586 So.2d 788, 792 (Miss. 1991); Martin v. Martin, 566 So.2d 704, 707 (Miss. 1990). There are exceptional circumstances, not evident here, which warrant an award of attorney fees although neither party is unable to pay. O'Neill v. O'Neill, 501 So.2d 1117, 1119 (Miss.