Alaska Supreme Court

Samuel Corbin Johnson, Iii, Appellant v. Kathleen Finnerty Johnson, Appellee

September 24, 20102010 Alas. LEXIS 104

Summary

The court held that full attorney fees could not be awarded for Sam's two motions to compel because those motions had potential legal and factual merit and therefore did not establish vexatious or bad-faith conduct. It affirmed full fees for Sam's motion to correct the QDRO, upheld the finding that Sam failed to make a required December retirement payment, and affirmed denial of fees on the remand judgment because the remand corrected original trial errors rather than resulting from new post-trial litigation. The court vacated denial of Sam's show-cause motion because the record presented genuine, material factual disputes requiring further proceedings.