Grindstaff v. Sheville

¶ 10 I dissent from the majority’s decision to read a good faith threshold into what is an otherwise legally permitted objection, based upon statute, to the appointment of a guardian.

¶ 11 Under Utah Code Annotated Section 78-27-56, attorney fees are awardable only if the action or defense was brought or raised in bad faith and the action or defense was without merit. See id. § 78-27-56 (2002); Hermes Assocs. v. Park’s Sportsman, 813 P.2d 1221, 1225 (Utah Ct.App.1991). In this case, I accept the trial court’s conclusion that Holman acted in bad faith, and I am in agreement with the majority on…