Tammy Hutson Boone v. Paul Dale Boone

The main issues in this post-divorce appeal concern the trial court’s rulings on the parties’ requests for attorney’s fees. In addition to the post-divorce proceedings, the husband filed a declaratory judgment petition to determine the amount he owed the wife under the parties’ marital dissolution agreement (“the MDA”). The husband and the wife then engaged in protracted litigation to determine the amount owed. The husband later amended the declaratory judgment petition to include a request to modify alimony. The parties resolved the declaratory judgment petition by providing the trial court with an amount upon which they agreed. The husband then voluntarily nonsuited the petition to modify alimony. Both parties sought an award of attorney’s fees pursuant to the MDA. The trial court determined that the husband was the successful party in the declaratory judgment action and that there was no successful party in the request to modify alimony. The court declined to award either party attorney’s fees. The wife appealed, asserting that she was the successful party in both actions and that the court should have awarded her attorney’s fees to her. The wife also challenged discovery sanctions entered against her. First, we determine that the declaratory judgment action did not fall under the fee provision of the parties’ MDA. Therefore, the trial court erred in finding the husband to be the successful party in that action; we affirm the portion of the order declining to award either party attorney’s fees. Next, based upon a recent decision of our Supreme Court, we determine that the wife was the successful party in the petition to modify alimony and reverse the trial court’s decision to the contrary. We affirm the imposition of discovery sanctions.