Sanders v. Barth

OPINION

MATTHEWS, Chief Justice.

I, INTRODUCTION

Marla Sanders appeals the superior court's denial of Civil Rule 82 attorney's fees in a child support action that settled. Marla claims that she was entitled to the fees as the prevailing party to the litigation and that the superior court erred in applying the divorce exception to Rule 82.

While we agree that it was error to apply the divorce exception to a case that does not closely resemble a divorce action, we nevertheless hold that any error was harmless because the absence of any fees provision in the settlement agreement precludes Marla from…