Opinion
No. 69070
11-02-2016
LYNN WELLS, Appellant, v. ERIC WELLS, Respondent.
ORDER OF REVERSAL AND REMAND
This is an appeal from a district court post-divorce decree order awarding attorney fees and costs. Eighth Judicial District Court, Family Court Division, Clark County; Cynthia Dianne Steel, Judge.
In the challenged order, the district court did not identify a basis for its award of attorney fees, make any findings in support of its decision, address the reasonableness factors set forth in Brunzell v. Golden Gate National Bank, 85 Nev. 345, 349, 455 P.2d 31, 33 (1969), or address any disparity in the parties' income. See Miller v. Wilfong, 121 Nev. 619, 623-24, 119 P.3d 727, 730 (2005) (providing that when awarding attorney fees there must be a rule or statute that authorizes the award, the district court must consider the Brunzell factors, and, in family law cases, the court must consider any income disparity); see also Logan v. Abe, 131 Nev. ___, ___, 350 P.3d 1139, 1143 (2015) (providing that when assessing the reasonableness of a request for attorney fees under Brunzell, explicit findings on each factor are not required, but the district court must demonstrate that it considered the required factors and the award must be supported by substantial evidence). Accordingly, the court abused its discretion in making the award, see Miller, 121 Nev. at 622, 119 P.3d at 729 (recognizing that appellate courts review attorney fees awards for an abuse of discretion), and we therefore reverse the district court's order awarding attorney fees and costs and remand this matter to the district court for further proceedings consistent with this order.
We have reviewed appellant's remaining arguments and conclude that they do not provide a basis for reversing the district court's decision. --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Cynthia Dianne Steel, District Judge, Family Court Division
Lynn E. Wells
The Abrams & Mayo Law Firm
Eighth District Court Clerk