Carlin v. Javorek

This appeal arises from actions to enforce a settlement agreement that was reached after seven years of probate litigation. Appellant Phyllis Carlin (Carlin) is the personal representative of the Estate of Bobbe L. Schubot. The deceased, Bobbe L. Schubot, was the mother of Carlin and appellee, Leslie Javorek (Javorek). Appellant and appellee are sisters. They both claim entitlement to prevailing party attorney’s fees under fee provisions of the settlement agreement. For the reasons discussed below, we conclude that Javorek is entitled to attorney’s fees under both the prevailing party…