Guardianship of Hurley

The parties seek further appellate review following an Appeals Court order which remanded these actions to the Probate and Family Court “for further proceedings in accordance with the order on file.” Guardianship of Hurley, 18 Mass. App. Ct. 1110 (1984). That order required the Probate Court to determine a reasonable attorney’s fee to be awarded to the plaintiff, John Edward Hurley (Hurley), as a prevailing party under 42 U.S.C. § 1988 (1982). The major thrust of the parties’ arguments concerns whether the plaintiff was a “prevailing party” for the purpose of an attorney’s fee award pursuant…