Brooks v. Hathaway

We reverse the trial court’s order awarding attorney’s fees as a sanction against appellant’s attorney for filing a motion for attorney’s fees under the offer of judgment statute.

This appeal arose from a probate action wherein appellee Bert Hathaway, the decedent’s brother, filed a petition to determine beneficiaries. At trial, appellant Monica Ann Brooks, the decedent’s natural daughter, prevailed on the petition and was declared the sole beneficiary of her father’s estate.1 Through counsel, Brooks filed a motion for attorney’s fees based on an offer of judgment served on appellee before…