McGuire v. Smith

I concur in the decision of the court. However, I write separately to point out that the probate judge had the authority to reconsider the award of attorney’s fees, but on a ground not argued by the appellants below or in their brief in this court.

The appellants in this case have sought to set aside that portion of an order previously entered by the probate court authorizing the payment of an attorney’s fee, based on a claim that the amount of the fee was excessive. In the Probate Code, the subject of attorney’s fees is covered by Ark. Code Ann. § 28-48-108 (1987), which provides in pertinent…