Eberstein v. Hunter

Michelle May O'Neil

Case Conclusion Date:September 1, 2008

Practice Area:Family

Outcome:Attorney’s fee award set aside on appeal.

Description:Former wife brought suit in Dallas County to enforce divorce decree provisions and to recover money judgment for amounts owed under parties' agreement for contractual alimony. The Dallas County trial judge granted former wife's motion for summary judgment and awarded judgment in her favor on the unpaid alimony and awarded her a judgment for attorneys fees. Former husband appealed. The Dallas Court of Appeals upheld the summary judgment as to the award of unpaid alimony, finding the evidence sufficient to support the award. However, the court of appeals reversed the attorney’s fee award because the evidence provided by former wife’s lawyer was in sufficient.