Legal Opinion · Concurrence

Jordan v. Jordan

Court of Appeals of Mississippi

Decided December 11, 2012No. 2011-CA-01361-COAPublished

1Concurrence

FAIR, J.,

specially concurring:

¶ 23. I write separately to address the award of attorney’s fees by a trial judge, a subject the Mississippi Supreme Court has discussed directly only twice in the last five years.

¶ 24. It is not disputed by judges and practitioners that the “best practice” in awarding fees is a ruling by the trial judge in which each of the factors set out in McKee v. McKee, 418 So.2d 764, 767 (Miss.1982), is specifically addressed.

¶ 25. Ronald argues that the lack of such a discussion should require mandatory reversal as is the case in other “factor determination” cases. See…

2Cases cited5 opinions

  1. McKee v. McKeeMississippi Supreme Court · 1982
  2. Lowrey v. LowreyMississippi Supreme Court · 2009
  3. Powell v. AyarsMississippi Supreme Court · 2001
  4. Collins v. Koppers, Inc.Mississippi Supreme Court · 2011
  5. West v. WestMississippi Supreme Court · 2012

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