J. David JOHN, Appellant
Megan Marie BOLINDER, Appellee
Rehearing Denied March 27, 2019
FROM THE BENTON COUNTY CIRCUIT COURT [NO. 04DR-10-1327],
HONORABLE DOUG SCHRANTZ, JUDGE
& Co., PLLC, by: Tim Cullen, for appellant.
Miller, Butler, Schneider & Pawlik, PLLC, Rogers, by: Mason
L. Boling, for appellee.
S. HIXSON, Judge
domestic-relations appeal arises from long-running and
contentious litigation between appellant J. David John
(David) and appellee Megan Marie Bolinder (Megan). The only
issue in this appeal involves attorney’s fees. In an order
entered on December 14, 2017, the trial court ordered David
to pay Megan $ 29,140 in attorney’s fees. David argues that
the attorney’s-fee award should be reversed in its entirety
because the trial court lacked the authority to award them,
and also because Megan’s motion for attorney’s fees was
untimely. We affirm as modified.
and Megan were never married but they share a son, Isaiah,
who was born on March 12, 2010. On February 9, 2012, the
trial court entered an order awarding primary custody of the
child to Megan, while awarding David visitation and ordering
him to pay child support. David appealed this initial award
of custody, visitation, and child support, raising several
issues on appeal. Megan cross-appealed, arguing that the
trial court erred in its calculation of David’s child
support. In John v. Bolinder, 2013 Ark.App. 224,
2013 WL 1456713, we affirmed the direct appeal but reversed
and remanded the cross-appeal with instructions for the trial
court to use a different method to calculate David’s
remand, the trial court entered an order that substantially
increased David’s child-support obligation. Additional
litigation ensued, and more orders were entered. On December
9, 2013, the trial court entered an order of dismissal
without prejudice, on David’s motion, dismissing David’s
claims for change of custody and child support, or
alternatively to modify visitation. On February 27, 2014, the
trial court entered an order granting Megan’s petition to
modify David’s visitation.
November 26, 2014, David filed a motion for the release of
Megan’s medical records. On April 28, 2015, David filed a
motion to modify child support and to modify visitation.
Meanwhile, Megan had filed a motion for contempt against
David. After a hearing on the motions, the trial court
entered an order on June 30, 2015, denying David’s request
for the release of Megan’s medical records and denying
David’s motion to modify visitation. David appealed from that
order, but we dismissed the appeal for lack of a final order
because David’s motion to modify child support and Megan’s
contempt motion remained unresolved. See John v.
Bolinder, 2016 Ark.App. 357, 498 S.W.3d 307.
our dismissal, Megan’s motion for contempt was denied. Megan
was also awarded $ 2080 in attorney’s fees, apparently in
relation to her defense of David’s motions for the release of
her medical records and to modify child support and
visitation. On September 29, 2016, David
filed a motion to change custody, or alternatively expand
visitation, and reduce child support.
Additional motions were filed, and more orders were entered.
Relevant to this appeal, the trial court entered an order on
February 2, 2017, denying David’s motion for the trial court
to recuse, and entered an order on ...