Section 43 Appellate Standard of Review of Attorney Fee Awards

• Library: Damages 2012

In a court-tried case, the award of attorney fees is in the discretion of the trial court and will only be reviewed for abuse of discretion. This discretion is clearly abused when the trial court’s ruling is so arbitrary or unreasonable that it indicates indifference or lack of proper judicial consideration. See:

· Mihlfeld & Assocs., Inc. v. Bishop & Bishop, L.L.C., 295 S.W.3d 163, 175 (Mo. App. S.D. 2009)

· Kauffman v. Kauffman, 101 S.W.3d 35, 52 (Mo. App. W.D. 2003)

· First State Bank of St. Charles, Mo. v....