Loy v. Loy

On Rehearing Denied

COPE, J.

Both parties have moved for rehearing of our unpublished order which denied each party’s motion for appellate attorney’s fees.

In the parties’ marital settlement agreement, there is a prevailing party attorney fee provision which states:

In the event either party incurs attorneys fees or costs in an effort to enforce this Agreement, then the prevailing party in any litigation to enforce the Agreement shall be entitled to an award of reasonable attorneys fees and costs.

Each party claims to be the prevailing party under this contractual provision, and asks that we grant…