Stephen J. Stafford v. Barnard Lumber Book Reviews

Stephen J. Stafford v. Barnard Lumber by Supreme Court Of Indiana Book Summary

The family of the late Pearl Posey (Harkrider)[Footnote 1] appeals from the trial courts order determining the amount of appellate attorneys fees and costs ($14,332.54) payable to Pearls guardian, Floyd Wilcox, and his attorneys, Stuart & Branigin (Attorneys), pursuant to this courts remand order in the second appeal in this action, Matter of the Guardianship of Pearl C. Posey v. Lafayette Bank and Trust Company (1988), Ind.App., 532 N.E.2d 9, trans. den.[Footnote 2] Harkrider claims 1) the trial courts award of fees was excessive and should have been limited to only ten per cent of the attorneys fees awarded on remand from the first appeal, Posey v. Lafayette Bank & Trust Co. (1987), Ind., 512 N.E.2d 155, affg (1986), Ind.App., 513 N.E.2d 674, cert. den. Harkrider v. Lafayette Bank & Trust Co. (1988), 485 U.S. 988, 99 L. Ed. 2d 502, 108 S. Ct. 1292; and 2) the evidence was insufficient to support the amount of the fees awarded by the trial court. Additionally, both Harkrider and Attorneys request appellate attorney fees.

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