Johnstone v. Zimmer

Petitioners appeal a grant of summary judgment in favor of respondent Patricia Zimmer, the personal representative of the estate of Gerald G. Zimmer (decedent), on petitioners’ will contest and settlement enforcement claims. ORCP 47 C. Petitioners also appeal the trial court’s award of a $5,000 enhanced prevailing party fee to respondent. Respondent cross-appeals the trial court’s judgment denying her attorney fees. We affirm on the will contest claim, reverse on the settlement enforcement claim, and remand.

Because petitioners’ appeal results from respondent’s summary judgment motion, we…