In Re the Marriage of Wallace , 1981 Iowa App. LEXIS 495 ( 1981 )


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  • CARTER, Judge

    (concurring in part and dissenting in part).

    I do not concur in the formulation of a priori rules for property division as set forth in division V of the decision. However, I concur in the result except for the award of attorney fees on appeal.

    In Craft v. Craft, 226 N.W.2d 6, 9 (Iowa 1975), where the wife was awarded property worth $204,000, a much smaller sum than that involved in the present case, the court stated with respect to appellate attorney fees:

    Petitioner has applied for attorney’s fees in connection with this appeal. Notwithstanding our affirmance of the trial court we do not believe respondent should be required to contribute toward petitioner’s attorney’s fees in connection with this appeal. We agree with respondent the property division and alimony award equip petitioner to pay her attorney. The application for attorney’s fees on appeal is denied.

    I would reach a similar result in the present case.

    DONIELSON, J., joins in this partial dissent.

Document Info

Docket Number: 2-64799

Citation Numbers: 315 N.W.2d 827, 1981 Iowa App. LEXIS 495

Judges: Oxberger, Don-Ielson, Snell, Carter, Johnson

Filed Date: 11/24/1981

Precedential Status: Precedential

Modified Date: 10/19/2024