Brazell v. Brazell ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
LOREN K. BRAZELL, No. 67932
Appellant,
vs.
DEBRA BRAZELL, FILED
Respondent.
JAN 15 2016
TRACE K. LINDEMAN
CLERK gc SUPREME COURT
EV "--
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EPUTY CLERK r
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court post-divorce decree
order awarding attorney fees. Second Judicial District Court, Family
Court Division, Washoe County; Frances Doherty, Judge.
On appeal, appellant challenges the award of $10,215.01 in
attorney fees to respondent. In granting respondent's request for attorney
fees, the district court reasoned that appellant had submitted multiple
motions seeking the same relief that had been denied on past occasions.
The court noted that it had previously cautioned the parties that "it may
award fees in the future if needless litigation is necessitated by either
party." Although appellant argues that he was not aware of that
admonishment until shortly after he filed his motion, the district court
recognized that appellant could have withdrawn his motion or chosen not
to file multiple supplemental motions thereafter.
Additionally, respondent submitted an affidavit in support of
the requested fees under Brunzell v. Golden Gate National Bank, 85 Nev.
345, 349-50, 455 P.2d 31, 33 (1969). The district court stated that it
carefully reviewed respondent's affidavit and the attached billing
statements along with appellant's reply in opposition. The district court
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noted counsel's efforts in representing respondent throughout many
portions of the litigation process, made findings as to the Brunzell factors,
and determined that $10,215.01 was an appropriate award of fees. Id. at
349, 455 P.2d at 33. We have considered appellant's arguments and
reviewed the record on appeal, and we conclude that appellant has not
demonstrated that the district court abused its discretion in awarding the
attorney fees. See Miller v. Wilfong, 121 Nev. 619, 622, 119 P.3d 727, 729
(2005) (stating that an award of attorney fees in a divorce proceeding is
within the district court's sound discretion). Accordingly, we
ORDER the judgment of the district court AFFIRMED. 1
J.
Hardesty
Saitta Pickering
cc: Hon. Frances Doherty, District Judge, Family Court Division
Loren K. Brazell
Debra Brazell
Kelli Anne Viloria
Washoe District Court Clerk
'On December 4, 2015, respondent filed a notice of substitution of
counsel requesting that respondent, in pro se, be substituted in place of
her attorney Kelli Anne Viloria, Esq. We construe the notice as a motion
to withdraw, and we grant the motion. See NRAP 46(e)(3). The clerk of
this court shall remove Kelli Ann Viloria, Esq., and the Law Offices of
Kelli Anne Viloria as counsel of record for respondent.
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