Legal Opinion

Magee v. Magee

Court of Appeals of Arizona

Decided January 8, 2004No. 1 CA-CV 03-0199PublishedCited by 20 opinions

1Opinion of the Court

OPINION

SULT, Judge.

¶ 1 Peter Magee, Husband, appeals from an order of the trial court requiring him to pay attorneys’ fees incurred by his wife, Martha Magee, in post-decree proceedings in the parties’ dissolution action. According to Husband, the award is not authorized under Arizona Revised Statutes (“A.R.S.”) § 25-324 (2000) because Wife did not show that she was unable to pay her own fees, which Husband contends is the statutory predicate for consideration for an award. We disagree that A.R.S. § 25-324 requires a showing of actual inability to pay as a predicate for consideration, and we…

2Cases cited6 opinions

  1. State v. ChristianArizona Supreme Court · 2003
  2. In the Matter of J. C. Catlow, Debtor. Lawrence J. Marks, Individually and on Behalf of Wendy Kay Hall v. J. C. CatlowCourt of Appeals for the Ninth Circuit · 1981
  3. Matter of GubserArizona Supreme Court · 1980
  4. Bickel v. BickelCourt of Appeals of Arizona · 1972
  5. Countryman v. CountrymanCourt of Appeals of Arizona · 1983

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3Cited by20 opinions

  1. Myrick v. MaloneyCourt of Appeals of Arizona · 2014
  2. In Re the Marriage of WilliamsCourt of Appeals of Arizona · 2008
  3. Rinegar v. RinegarCourt of Appeals of Arizona · 2012
  4. Defrancesco v. DefrancescoCourt of Appeals of Arizona · 2019
  5. Flynn v. RodrickCourt of Appeals of Arizona · 2015

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