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745 P.2d 1276

69 UtahAdv.Rep. 32

Newmeyer v. Newmeyer

Utah Supreme Court

Decided November 13, 1987

Utah Supreme Court · decided 1987-11-13

Good law ✅— No negative treatment on recordhow we know

Decided 1987-11-13

How this case has been cited

Cited by 39 later decisions — most recently March 2022 · most notably Maughan v. Maughan (1989), 2008 UT App 11 - Stonehocker v. Stonehocker (2008)

38 state decisions

14019871990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DURHAM, Justice:

¶1(concurring and dissenting).

¶2I concur in the majority opinion except for its vacation of the award of attorney fees. The standard of reasonableness set forth by the majority is entirely correct, but in view of the pleadings, discovery, pretrial appearances, full day’s trial, and number and complexity of the issues, all of which are patent on the face of the record (and therefore obvious also to the trial judge), I think that the trial court had sufficient information to assess reasonableness. Plaintiff established that the fees were charged and due; the amount itself proves that counsel devoted approximately 17 to 18 hours at $80 per hour, or approximately 14 to 15 hours at $100 per hour, or even 28 to 29 hours at $50 per hour. Keeping in mind that the trial itself took a full day and that there was a pretrial hearing on support and at least one deposition taken by defendant’s counsel, I have no difficulty taking judicial notice that the fee of $1,423 was reasonable. In view of plaintiff’s need, I think it inappropriate to deny her the assistance ordered by the trial court.

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