Labenz v. Labenz

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After the filing of a partition of real estate action, the parties entered into a joint stipulation agreeing to sell the property at public auction. Following the sale, Plaintiffs sought confirmation of the sale and asked the court to approve the payment of fees and costs. After an evidentiary hearing, the district court awarded Plaintiff’s attorney, under the terms of the stipulation, fees in the amount of $5,224. The Supreme Court affirmed, holding that the district court (1) correctly concluded that attorney fees were not available under statutory law or case law regarding partition; and (2) did not abuse its discretion in interpreting the stipulation to limit fees to those incurred in connection with the responsibilities listed in the stipulation. View "Labenz v. Labenz" on Justia Law