McPherson v. Bittner

I concur but write to disagree with a prior opinion of this court and thus to show why no manifest injustice has occurred, as appellant suggests.

This case began as a paternity determination and award of child support which was appealed to this court. We granted appellate attorney’s fees in the direct appeal of the judgment of modification. Bound by our order, the trial court set the fee. The appellant has appealed again, claiming that appellate attorney’s fees are not authorized in paternity actions, a claim which we rejected in the prior appeal.

Appellant maintains that our holding in…