KATHRYN SUMMERS-O’ROURKE v. PATRICK O’ROURKE, JR. - Articles

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KATHRYN SUMMERS-O’ROURKE v. PATRICK O’ROURKE, JR.

Posted by: Azya Thornton on Jul 2, 2025

Court: TN Court of Appeals

Attorneys 1: Martin Sir and Brandes B. Holcomb, Nashville, Tennessee, for the appellant, Kathryn Summers-O’Rourke.

Attorneys 2: Katie M. Zipper and Megan N. Warren, Franklin, Tennessee, for the appellee, Patrick O’Rourke, Jr.

Judge(s): ARMSTRONG

In this post-divorce proceeding, Appellant initiated a contempt action against Appellee for failure to make two alimony payments, as required under the parties’ marital dissolution agreement (“MDA”). After Appellee remitted payment, the sole issue to be tried was the amount of attorney’s fees Appellant expended enforcing the MDA. Appellant sought $14,289.50 in attorney’s fees and $396.36 in expenses. The trial court awarded her $2,500.00. Because the trial court made limited findings and failed to consider Rule 1.5(a) of the Tennessee Rules of Professional Conduct, we vacate its award of attorney’s fees. On remand, the trial court is instructed to reconsider Appellant’s attorney’s fee award in view of the Rule 1.5(a) factors and to make written findings consistent with these factors. Husband’s request for appellate attorney’s fees is denied.

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