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Walker v. Walker3/19/1999
907 P.2d 334 (1995). But John did not present at trial any evidence that would have invited the court to consider such tax consequences. As with the evidence concerning John's life expectancy, John presented the evidence concerning tax liability in a motion to re-open or reconsider under CR 59, after the trial court had concluded its hearing and rendered its decision. There having been no evidence timely presented, the court could only speculate as to any possible tax consequences of the distribution. The court, therefore, did not abuse its discretion by denying this motion.
VI. Attorney Fees On Appeal
John requests attorney fees on appeal under RCW 26.09.140, which allows a court to order a party in a proceeding under RCW 26.09 to pay the other party's attorney fees and costs. When awarding attorney's fees, we look to the parties' relative ability to pay and to the arguable merits of the case. Marriage of Leslie, 90 Wn. App. 796, 807, 954 P.2d 330 (1998). Because John did not prevail on the merits, we do not award him attorney fees on appeal.
We affirm the trial court's property Disposition and deny John's request for attorney fees on appeal.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
Hunt, J.
We concur:
Morgan, J.
Houghton, J.
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