Witt v. Witt

Sue Witt appeals from the trial court’s denial of attorney’s fees arising out of a post judgment proceeding in a dissolution of marriage action. Appellant argues that the court had jurisdiction under the final judgment of dissolution and was required to award the fees pursuant to the parties’ settlement agreement. We agree.

Appellee sought recovery of a federal income tax refund check and filed a motion to enforce the settlement agreement. The trial court concluded that it did not have subject matter jurisdiction since the subject of the refund check had not been resolved as part of the…