The Lawyer Who Achieves Full Acceptance And Full Rejection In Divorce Case Earns 2 Times Attorney Fee
2nd Civil Chamber 2016/14468 E. , 2017/443 K.
“Case Law Text”
COURT :Civil (Family) Court of First Instance
TYPE OF CASE : Mutual Divorce
At the end of the trial of the case between the parties, the judgement given by the local court, dated and numbered above, was appealed by the defendant-counterclaimant woman for the dismissal of her counterclaim, determination of fault, custody and damages; and by the plaintiff-counterclaimant man for the dismissal of the counterclaim through participation, and for not awarding an attorney fee in his favour, the documents were read and discussed:
1- According to the writings in the file, the evidence on which the decision is based and the reasons in accordance with the law, and especially since there is no mistake in the appreciation of the evidence, the appeals of the defendant-counterclaimant woman are unwarranted.
2- Although it has been decided to accept the case of the plaintiff-counter-defendant man and to reject the case of the defendant-counter-defendant woman, it is contrary to the procedure and law to award a single attorney fee in favour of the plaintiff-counter-defendant man, who represented himself by an attorney, while the attorney fee should be assessed separately for both cases in accordance with the Attorney Minimum Fee Tariff on the date of the decision.
CONCLUSION:
The appealed judgement is DISMISSED for the reason shown in subparagraph (2.) above, the other parts of the appealed judgement, which are not within the scope of the reversal, are APPROVED for the reason shown in subparagraph (1.) above, and the appeal judgement fee written below is charged to the appellant Nilgün, and the advance fee is deducted 143. 50 TL. since the appeal application fee has been paid in advance, it is not necessary to charge any other fee, the advance appeal fee shall be returned to the appellant Tugay upon request, and it was unanimously decided that the way of correction of the decision shall be open within 15 days from the notification of this decision.19 .01.2017 .
You can access our other article examples and petition examples by clicking here.