Elizabeth Eberbach v. Christopher Eberbach

OPINION

in.which Cornelia A. Clark, Sharon G. Lee, Holly Kirby, and Roger A. Page, JJ., joined.

We granted- this appeal to determine whether the Court of Appeals may exercise discretion and decline to award appellate attorney’s fees when the marital dissolution agreement at issue contains a provision entitling the prevailing party to an award of such fees. In this case, Husband and Wife were parties to a marital dissolution agreement that was incorporated into their final divorce decree (“the Parties’ MDA”). The Parties’ MDA contained a provision for the award of attorney’s fees to the…