Moore v. Moore

S-18-0273 Lucinda D. Moore (Appellee) v. Thayne D. Moore (Appellant)
Buffalo County District Court, Judge John H. Marsh
Attorneys: Heather Swanson-Murray (Swanson Murray, LLC); John D. Icenogle (Bruner Frank LLC)
Civil: Family law; Attorney fees; Daycare expenses
Proceedings Below: Appellant brought a complaint for modification, requesting sole legal and physical custody of his minor children, alleging Appellee inflicted substantial mental abuse on the children, amounting to a material change in circumstances. The district court granted Appellant’s motion to dismiss his complaint. The district court granted Appellee’s motion to reduce daycare expenses to judgment and granted Appellee’s motion for attorney’s fees.
Issues: Whether the trial court (1) erred in ruling that extracurricular activity costs constituted daycare expense, (2) abused its discretion by award the Appellee attorney fees when it determined the Appellant’s case was not frivolous and that dismissal was preferable than proceeding to trial, and (3) erred in awarding expert witness fees without finding exceptional circumstances warranting the stipulation invalid.