Pekas v. Thompson

LEHMAN, Justice.

Donald J. Pekas and Katherine Splichal (appellants) appeal from a summary judgment awarding Elizabeth K. Thompson (ap-pellee), successor trustee of the Elizabeth M. Rizzi Testamentary Trust, a forfeiture under a contract for deed. Appellants raise issues concerning the propriety of the summary judgment, the denial of a motion to amend the pleadings and the awarding of attorney fees.

We affirm the judgment but reverse and vacate the award of attorney fees for a failure of proof.

Appellants raise three issues:

1. Whether the Trial Court erred as a matter of law in granting summary…