Friday, October 04, 2013

Summary 2013 WY 113

Summary of Decision September 27, 2013

Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE ATTORNEY'S FEES AND COSTS IN THE TERMINATION OF PARENTAL RIGHTS TO: KMO, DMO, CMO, AKO, DKO, MTO, ABO, EEO, and JBO, Minor Children, DONALD LEE TOLIN, Attorney for HJO, Natural Mother v. STATE OF WYOMING, DEPARTMENT OF FAMILY SERVICES

Docket Number: S-13-0054

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Natrona County the Honorable John C. Brackley, Judge

Representing Appellant: Donald Lee Tolin, Law Offices of Donald Tolin, Casper, WY.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; and Jill E. Kucera, Senior Assistant Attorney General.

Date of Decision: September 27, 2013

Facts: Attorney Donald Tolin challenges an order awarding him a substantially reduced fee in a termination of parental rights case.

Issues: Tolin states his single issue as follows: Whether or not the district court’s order cutting attorney’s fees for indigent mother’s attorney from $121,530.00 to $25,000.00 was an abuse of discretion, arbitrary, and capricious.

Holdings: Beyond Mr. Tolin’s general assertions, he makes no cogent argument regarding exactly how the district court abused its discretion. Though he cites to the multitudinous pleadings he filed below, he fails to connect any of those pleadings to how the decision of the district court was an abuse of its discretion. He provides no evidence demonstrating that the fee reduction was unreasonable. Finding no abuse of discretion, we affirm the district court’s fee reduction in this case.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

No comments:

Check out our tags in a cloud (from Wordle)!