Legal Opinion · Concurring in part, dissenting in part

In Re the Marriage of Gray

Indiana Court of Appeals

Decided June 30, 1981No. 3-880A236Published

1Concurring in part, dissenting in partGarrard, Judge

I agree with the majority’s conclusion that the husband has failed to demonstrate reversible error in the division of property.

I also agree that the fees awarded for the services of Robert Moise are in excess of any testimony adduced at trial. I would vacate that portion of the decree and remand for further proceedings.

I find the same defect in the award of attorneys’ fees. The parties introduced evidence of the reasonable value of counsel’s services. The award entered by the court was approximately $9000 more than the highest valuation testified to.

Applying the reasoning of U. S. Aircraft…

2Cases cited5 opinions

  1. U. S. Aircraft Financing, Inc. v. JankovichIndiana Court of Appeals · 1980
  2. Sears, Roebuck & Co. v. State ex rel. RyanIndiana Supreme Court · 1967
  3. Hartford Life Insurance v. HopeIndiana Court of Appeals · 1907
  4. Western & Southern Indemnity Co. v. NewmanIndiana Court of Appeals · 1937
  5. Indianapolis Chair Manufacturing Co. v. SwiftIndiana Supreme Court · 1892

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