Edmonds v. Edmonds

CourtListener 10154419Scctapp25 de jan. de 2012

Abrir fonte

Texto completo

THIS OPINION HAS NO PRECEDENTIAL
VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. 

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Tracy Jim
Edmonds, Appellant,

v.

Brenda Joyce
Edmonds, Respondent.

Appeal From Pickens County

Alvin D. Johnson, Family Court Judge

Unpublished Opinion No. 2012-UP-020

Submitted January 3, 2012 – Filed January
25, 2012

AFFIRMED

J. Falkner Wilkes, of Greenville, for
Appellant.

Kirby Rakes Mitchell, of Greenville, for
Respondent.

PER CURIAM: Tracy
Jim Edmonds (Husband) appeals the final family court order modifying his
alimony and awarding attorney's fees to Brenda Joyce Edmonds (Wife).  Husband argues
the family court erred in (1) failing to terminate alimony retroactively and
(2) awarding attorney's fees to Wife rather than Husband.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:

1. As to
whether the family court erred in failing
to terminate alimony retroactively: Riggs v. Riggs, 353 S.C. 230,
236, 578 S.E.2d 3, 6 (2003) ("The modification of alimony is within the sound
discretion of the family court and will not be overturned absent an abuse
thereof."); Davis v. Davis, 372 S.C. 64, 79, 641 S.E.2d 446, 454
(Ct. App. 2006) ("[T]he family court . . . may grant alimony in such
amounts and for such term as the [court] considers appropriate under the
circumstances.").

2. As to
whether the family court erred in awarding
attorney's fees to Wife rather than Husband: Davis, 372 S.C. at 88, 641 S.E.2d at 458 ("An award of attorney's fees lies within the sound
discretion of the family court and will not be disturbed on appeal absent an
abuse of discretion."); E.D.M. v. T.A.M., 307 S.C. 471, 476-77, 415
S.E.2d 812, 816 (1992) ("In determining whether an attorney's fee should
be awarded, the following factors should be considered: (1) the party's ability to pay his/her own attorney's fee; (2)
beneficial results obtained by the attorney; (3)
the parties' respective financial conditions; [and] (4) effect of the attorney's
fee on each party's standard of living.").

AFFIRMED.

SHORT,
WILLIAMS, and GEATHERS, JJ., concur.

[1] We decide this case without oral argument pursuant to
Rule 215, SCACR.

Continue sua pesquisa no ChatGPT ou Claude

Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.