Andrew Nathanson, as Successor Trustee of the Charlotte Stearn Revocable Trust Agreement v. Nadine Morelli and Kenneth Stern

In the present case, the issue presented is whether the appellant sufficiently pled entitlement to fees. Appellant appeals the trial court’s final judgment which denied his motion for attorneys’ fees and granted appellees’ motion to strike appellant’s motion for fees. We find that the trial court incorrectly concluded that appellant had not properly pled entitlement, and thus, we reverse.

Appellees brought suit against appellant regarding trust assets. Appellant moved to dismiss and requested attorneys’ fees. Appellant’s motion to dismiss was never set for hearing, and the parties proceeded to…