Section 44 Determination of Attorney Fee Amount by Court of Appeals

• Library: Damages 2012

There is disagreement in Missouri cases as to whether the court of appeals can itself determine and declare an attorney fee award. The majority of cases indicate that the proper procedure is for the court of appeals to remand when it finds fault with the trial court determination of attorney fee issues. See, e.g., Simpson v. Simpson, 295 S.W.3d 199, 211 (Mo. App. W.D. 2009); Sheppard v. East, 192 S.W.3d 518, 525 (Mo. App. E.D. 2006).

In contrast, in Kays v. Curtis, 648 S.W.2d 901 (Mo. App. W.D. 1983), the...