Aaron Birdsong v. Children's Division, Missouri Department of Social Services

The State, on behalf of the Missouri Department of Social Services Children’s Division (the “Division”), brings this appeal challenging the trial court’s award of attorney’s fees following its grant of summary judgment to Aaron Birdsong (“Birdsong”). The State argues that the award of attorney’s fees has no statutory basis and that Birdsong’s case does not fall within any exception to the American Rule. 1 For reasons explained below, we reverse and vacate the award of attorney’s fees.

FACTS AND PROCEDURAL HISTORY 2

The Division brought an administrative action that Birdsong had used his…