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Collins v. Collins

5/30/2002

sets. Despite the fact that the court made no specific findings, the record suggests that the court believed that Lt. Col. Collins was capable of paying attorneys' fees. It also apparently believed that Dr. Collins was able to pay a portion of her counsel fees, as she was awarded approximately $5,400 less than the amount owed her attorneys. We are satisfied that the court considered the applicable statutory factors.


The reasonableness of the attorney's fees must be analyzed once evidence is presented in favor of attorney's fees. Rauch v. McCall, 134 Md. App. 624, 639, 761 A.2d 76 (2000), cert. denied, 362 Md. 625, 766 a.2d 148 (2001) (citing Holzman v. Fiola Blum, Inc., 125 Md. App. 602, 639, 726 A.2d 818 (1999)). In light of the amount of the fees awarded in this case, we believe that some express discussion regarding the reasonableness of the fees in light of such factors as labor, skill, time, and benefit received is necessary. Accordingly, we vacate the award of attorney's fees and remand for further proceedings on the reasonableness of the fees awarded.


JUDGMENT AFFIRMED IN PART AND VACATED IN PART; CASE REMANDED TO THE CIRCUIT COURT FOR MONTGOMERY COUNTY FOR FURTHER PROCEEDINGS NOT INCONSISTENT WITH THIS OPINION.


COSTS TO BE PAID TWO-THIRDS BY APPELLANT AND ONE-THIRD BY APPELLEE.






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