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In re Marriage of Hale

8/28/2002

s, and Tim's infusion of the settlement into the parties' farming operation, we conclude the trial court properly considered the cash proceeds from Tim's personal injury claim as equitably assimilated into the marital assets. We affirm the trial court on this issue.


VI. APPELLATE ATTORNEY FEES.


Shelly seeks an award of appellate attorney fees in the amount of $4000. We consider the needs of the party making the request, the ability of the other party to pay, and whether the party making the request was obligated to defend the trial court's decision on appeal. In re Marriage of Cooper, 524 N.W.2d 204, 207 (Iowa Ct. App. 1994). Considering these factors, we award Shelly $1000 for appellate attorney fees.


VII. CONCLUSION.


We conclude Shelly was correctly awarded primary physical care of the parties' children. We conclude the trial court's allocation of assets and debt's was equitable. Accordingly, we affirm the decision of the district court in its entirety. We award Shelly $1000 for appellate attorney fees.


AFFIRMED.






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