Leibowitz v. Moore

I respectfully dissent.

An evidentiary hearing on the issue of attorney fees is not mandated. The Indiana Supreme Court has ruled that a trial court is empowered to make an award of attorney fees without hearing any evidence by merely relying upon its own knowledge of what a reasonable attorney fee should be. In re Lockyear (1974), 261 Ind. 448, 305 N.E.2d 440; McDaniel v. McDaniel (1964), 245 Ind. 551, 201 N.E.2d 215; In re Davis (1932), 204 Ind. 227,183 N.E. 547. This rule has been followed by the Indiana Court of Appeals in numerous cases. See, e.g., McBride v. McBride (1981), Ind.App., 427…