Nature of Proceedings: Motion to Fix Amount of Appellate Fees & Costs/Motion Attorney's Fees & Costs

Motion of Barton Clemens (“Clemens”) for attorney fees and costs on appeal of $126,659.50.

Motion of Thomas Brooks (“Brooks”) for attorney fees and costs on appeal of $20,762.78.

Rulings

1. Clemens is awarded $120,000 in attorney fees and costs; to be paid by June 1, 2017, by Petitioner as Trustee (or any successor trustee) of the Trust.

2. Brooks’ is awarded $19,000 in attorney fees and costs; to be paid by June 1, 2017, by Petitioner as Trustee (or any successor trustee) of the Trust.

Analysis:

The Court of Appeal ruled in favor of Clemens on the Appeal [1/2017]; although the Opinion was subsequently modified [2/2017], the outcome did not change; the Remittitur was filed and the parties were given notice of the filings [4/13/17].

Clemens’ Motion [no opposition filed] <........