Welton v. Kleinbauer

Opinion

VOGEL (Miriam A.), J.

We reverse a judgment entered against appellants Francis Welton, Jane Welton, Albert Welton, Bill Moore, Clark Moore and Dick Moore as a sanction for their attorney’s conduct.

Facts

Appellants filed a petition in the estate of Nathaniel H. Meeker, deceased, to recover losses suffered as a result of the estate’s personal representative’s (respondent Dorothy Kleinbauer) failure to consider the tax consequences of a sale of stock. Appellants successfully moved for summary adjudication on the liability issues and the trial court (not the judge who rendered judgment)…