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Martin v. Martin

566 So. 2d 704 (Miss. 1990)
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Martin v. Martin

6 Citing cases

  1. In re Walker

    276 B.R. 133 (Bankr. N.D. Miss. 2000)

    Although no citation was given for Martin v. Martin, this court found a published Mississippi Supreme Court opinion bearing the same name dated August 8, 1990. In Martin v. Martin, 566 So.2d 704 (Miss. 1990), the court found that the determination of attorney's fees to be awarded in a divorce case is a matter entrusted to the sound discretion of the chancellor. In the opinion, the Supreme Court addressed the chancellor's failure to award attorney's fees to Nancy B. Martin in her divorce proceeding against her former husband.

  2. Rogers v. Rogers

    662 So. 2d 1111 (Miss. 1995)   Cited 29 times
    In Rogers, the father had agreed in the original divorce decree to pay child support as long as his children attended school or college.

    5) THE TRIAL COURT ERRED IN AWARDING ATTORNEY FEES WITHOUT PROOF OF APPELLEE'S INABILITY TO PAY. William is correct in asserting that, in divorce cases, a chancellor may not award attorney fees if the moving party can pay. Martin v. Martin, 566 So.2d 704, 707 (Miss. 1990). However, the record clearly demonstrates that Frances stated that she did not have the ability to pay.

  3. Ferguson v. Ferguson

    639 So. 2d 921 (Miss. 1994)   Cited 632 times   1 Legal Analyses
    Holding that "property brought to the marriage by the parties and property acquired by inheritance or inter vivos gift by or to an individual spouse" are assets not ordinarily subject to equitable distribution, absent equitable considerations to the contrary.

    "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.

  4. Weeks v. Weeks

    2006 CA 1287 (Miss. Ct. App. 2008)

    Further, "[i]f 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). ΒΆ. Both parties were denied an award of attorney's fees by the chancellor's final order.

  5. McClee v. Simmons

    834 So. 2d 61 (Miss. Ct. App. 2002)   Cited 6 times

    The cross-appeal presents the question of whether court costs should have been awarded to Ms. Simmons. The award of court costs is entrusted to the sound discretion of the chancellor. Martin v. Martin, 566 So.2d 704, 707 (Miss. 1990). The problem with this claim is that no proof was placed in the trial records with regard to Ms. Simmons's court costs.

  6. Havens v. Broocks

    97 CA 1595 (Miss. Ct. App. 1998)   Cited 5 times

    The Mississippi Supreme Court has held: [W]hen a party is able to pay attorney's fees, award of attorney's fees is not appropriate. Martin v. Martin, 566 So.2d 704, 707 (Miss. 1990). However, where the record shows an inability to pay and a disparity in the relative financial positions of the parties, we find no error. Powers v. Powers, 568 So.2d 255 (Miss.