Attorneys’ Fees

Attorneys’ Fees – Recoverability in Trust Administration Action Under Tenn. Code Ann. Sec. 35-15-1004

Except as indicated, all indented material is copied directly from the court’s opinion.

Decisions of the Tennessee Supreme Court

Opinions of the Tennessee Court of Appeals

 

Stark v. McLean, No. W2020-00086-COA-R3-CV, p. 15 (Tenn. Ct. App. June 1, 2022) (memorandum opinion).

An award under Tennessee Code Annotated section 35-15-1004(a) lies within the trial court’s discretion. In re Willard R. Sparks Revocable Trust 2004, No. W2017-01497- COA-R3-CV, 2018 WL 6720687, at *6 (Tenn. Ct. App. Dec. 20, 2018).

Stark v. McLean, No. W2020-00086-COA-R3-CV, p. 15-16 (Tenn. Ct. App. June 1, 2022) (memorandum opinion).

As for the Plaintiffs’ request for attorney’s fees on appeal under the statute, this too involves judicial discretion, albeit specifically on the part of this Court. See Goza v. SunTrust Bank, No. W2014-00635-COA-R3-CV, 2015 WL 4481267, at *6 (Tenn. Ct. App. Jul. 22, 2015).

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