{
  "id": 2805496,
  "name": "CHARLES E. NEWTON, Plaintiff and Counterdefendant-Appellee, v. KATHERINE A. NEWTON, Defendant and Counterplaintiff-Appellant",
  "name_abbreviation": "Newton v. Newton",
  "decision_date": "1976-05-20",
  "docket_number": "No. 75-288",
  "first_page": "626",
  "last_page": "629",
  "citations": [
    {
      "type": "official",
      "cite": "38 Ill. App. 3d 626"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "198 N.E.2d 195",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "48 Ill. App. 2d 232",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        5272543
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/48/0232-01"
      ]
    },
    {
      "cite": "270 N.E.2d 206",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "132 Ill. App. 2d 722",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        2533842,
        2535922
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/132/0722-02",
        "/ill-app-2d/132/0722-01"
      ]
    },
    {
      "cite": "288 N.E.2d 884",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "7 Ill. App. 3d 884",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2673617
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/7/0884-01"
      ]
    },
    {
      "cite": "279 N.E.2d 486",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "3 Ill. App. 3d 671",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2838586
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/3/0671-01"
      ]
    },
    {
      "cite": "216 N.E.2d 21",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "69 Ill. App. 2d 264",
      "category": "reporters:state",
      "reporter": "Ill. App. 2d",
      "case_ids": [
        2592513
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-2d/69/0264-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 343,
    "char_count": 5862,
    "ocr_confidence": 0.821,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.08459276969429491
    },
    "sha256": "fcbd8b67818e6fea2c42adea5a353d165fb025d56652cfd35c315e7651467ba2",
    "simhash": "1:8abb2d6988f9842c",
    "word_count": 960
  },
  "last_updated": "2023-07-14T15:32:42.628819+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "CHARLES E. NEWTON, Plaintiff and Counterdefendant-Appellee, v. KATHERINE A. NEWTON, Defendant and Counterplaintiff-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE STOUDER\ndelivered the opinion of the court:\nThis appeal is from the order of the circuit court of La Salle County denying the petition of appellant, Katherine Newton, for witness\u2019 and attorney\u2019s fees incurred in enforcing the provisions of a divorce decree she received from her husband, Charles E. Newton.\nOn December 14, 1971, a decree of divorce was entered in favor of counterplaintiff, Katherine Newton, against counterdefendant, 'Charles Newton. The decree granted custody of Nancy Ann Newton, a minor child, to Katherine Newton and provided that counterdefendant, Charles Newton, pay all dental expenses incurred by or on behalf of the child. In April, 1973 Charles Newton, a dentist, made an appliance for the child\u2019s teeth. When she complained it hurt her mouth Katherine Newton took the child to an orthodontist who advised her the child had a class 2 malocclusion which needed orthodontic treatment. He advised Katherine the cost of the treatment would be *1,080. Charles Newton advised the orthodontist he would not pay for the treatment. Katherine advised the orthodontist she would pay if the child\u2019s father couldn\u2019t be made to pay. Treatment was begun on July 6, 1973. On March 29, 1974, Katherine Newton filed a petition for a \u201cRule to Show Cause\u201d against Charles Newton alleging his failure to pay for the orthodontic expenses. This petition did not pray for attorney\u2019s fees, court costs or witness\u2019 fees. Charles Newton filed an answer to the petition alleging he was responsible only for dental service in the meaning of the common ordinary term and alleged that an orthodontist is a specialist who does orthodontic work and does not do regular dentistry.\nOn January 14, 1975, a hearing was held on counterplaintiff\u2019s petition to show cause and at which hearing counterdefendant testified he had been practicing dentistry since 1961. He admitted he referred about three persons a month for orthodontic treatment of malocclusions. Counterdefendant was ordered to pay the orthodontic bill at the rate of *100 per month commencing on February 1, 1975.\nOn May 19, 1975, counterplaintiff served on counterdefendant a petition for \u201cRule to Show Cause\u201d why he should not be held in contempt for failure to make the March, April, and May payments to the orthodontist. She also petitioned for *300 in attorney\u2019s fees and *55 witness\u2019 fee incurred by her in enforcing the decree. The witness fee was for the orthodontist who testified at the hearing. At the hearing on June 2, 1975, counterdefendant testified he had paid what was owing on the orthodontist bill after receiving the \u201cRule to Show Cause\u201d but that he had not so advised either his own attorney or counterplaintiff. The court denied the allowance of witness\u2019 or attorney\u2019s fees for the January hearing on the ground that the petition for them was not timely and that it should have been brought up at the January hearing. In addition the court noted that it heard no evidence regarding the amount of services or any basis to find reasonable attorney\u2019s fees for January. Furthermore, the court denied granting attorney\u2019s fees in connection with the June hearing because counterdefendant had paid the bills prior to the hearing date.\nThe issue in this case is whether the trial court abused its discretion in denying counterplaintiff\u2019s petition for witness and attorney fees. We hold that the trial court abused its discretion.\nCounterdefendant cites three cases in support of the proposition the allowance of attorney\u2019s fees in divorce proceedings rests in the sound discretion of the trial court and will be disturbed on review only when the exercise of that discretion is clearly abused. (Brandel v. Brandel, 69 Ill. App. 2d 264, 216 N.E.2d 21; Tan v. Tan, 3 Ill. App. 3d 671, 279 N.E.2d 486; and Kuhns v. Kuhns, 7 Ill. App. 3d 884, 288 N.E.2d 884.) Only the Brandel case concerned an enforcement proceeding and there the court directed the trial court to exercise its discretion by allowing petitioner attorneys\u2019 fees and expenses incurred in enforcing the decree.\nCounterdefendant also argues that in order for a party to recover attorney\u2019s fees a prayer for relief must be in the petition. The only case he cites in support of this argument is Smith v. Smith, 132 Ill. App. 2d 722, 270 N.E.2d 206. Smith was an appeal from an order increasing support payments and awarding attorney\u2019s fees. It was not an enforcement proceeding. The court cited Jones v. Jones, 48 Ill. App. 2d 232, 198 N.E.2d 195. In Jones the husband appealed from two orders, one allowing the wife printing costs and the other allowing her attorney\u2019s fees, both incurred in defending an appeal by the husband from an order finding him in contempt for failure to pay child support. Neither case supports counterdefendant\u2019s argument attorney\u2019s fees must be asked for in the original petition.\nTwo other points should be noted. The first is that with regard to the June 12,1975, hearing this court does not see where it was any defense to the allowance of attorney\u2019s fees that counterdefendant complied with the order prior to the hearing and did not notify either his attorney or counterplaintiff. It was counterdefendant\u2019s conduct which necessitated the hearing and expenses of counsel. We also note that due to the view the trial court took there was no opportunity to consider the reasonableness of attorney\u2019s fees.\nFor the foregoing reasons the judgment of the circuit court of La SaUe County is reversed and remanded for proceedings consistent with the views expressed herein.\nReversed and remanded.\nALLOY, P. J., and STENGEL, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE STOUDER"
      }
    ],
    "attorneys": [
      "John Barton, of Marseilles, for appellant.",
      "John Wolslegel, of Ottawa, for appellee."
    ],
    "corrections": "",
    "head_matter": "CHARLES E. NEWTON, Plaintiff and Counterdefendant-Appellee, v. KATHERINE A. NEWTON, Defendant and Counterplaintiff-Appellant.\nThird District\nNo. 75-288\nOpinion filed May 20, 1976.\nJohn Barton, of Marseilles, for appellant.\nJohn Wolslegel, of Ottawa, for appellee."
  },
  "file_name": "0626-01",
  "first_page_order": 654,
  "last_page_order": 657
}