Losser v. Bradstreet

HORTON, Justice.

This appeal arises from an independent action for recovery of attorney fees incurred in earlier litigation. Shauna Bradstreet appeals from the district court’s decision, on intermediate appeal, reversing the magistrate’s judgment dismissing Charles Losser’s lawsuit and awarding Bradstreet her attorney fees and costs. This Court is asked to decide whether Losser is permitted to bring an independent action to recover attorney fees and costs incurred in earlier probate proceedings. We reverse the decision of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

Losser and…