Mitchell v. Mitchell

ON PETITION TO TRANSFER

BOEHM, Justice.

We grant transfer to address whether an appellate court may affirm a judgment on a different legal theory from that relied on by the trial court if special findings of fact and conclusions of law were entered at a party’s request pursuant to Trial Rule 52(A). We hold that it may and affirm the trial court’s award of attorney’s fees.

In this case, the trial court awarded $14,-457.50 in attorney’s fees to plaintiff Pamela D. Mitchell (“Pamela”) on the ground that the “obdurate” conduct of defendant Eura F. Mitchell (“Flossie”) 1 justified a departure from…