Reseña de Indiana Department State Revenue v. Estate

Indiana Department State Revenue v. Estate de First District Court of Appeals of Indiana Resumen del Libro

Appellant Department of Public Welfare of Allen County Indiana (Welfare) is appealing an adverse judgment which in part awarded attorney fees in the amount of $780 to the appellees -- foster parents of Ryan Christopher Turrin. The sole issue for our review is whether the trial court had the authority to order Welfare to pay for the foster parents attorney fees in this matter. We find no statute or agreement which would authorize an attorney fee award given the facts in this case. Further, the record does not reveal Welfares conduct to be vexatious or oppressive in the extreme so as to justify punitive legal fees; but, in any event, governmental entities, according to the latest expression of our Supreme Court on the subject, are not liable for damages punitive in nature. Consequently, we have no choice but to reverse the attorney fee award.

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