Legal Opinion

American Mutual Liability Insurance v. Zion & Klein

Supreme Court of Pennsylvania

Decided March 8, 1985No. 540PublishedCited by 15 opinions

1Opinion of the Court

WIEAND, Judge:

This is an appeal by a judgment creditor from an order awarding counsel fees to a garnishee who was required to defend an attachment execution which, the court found, had been pursued in a vexatious manner. We conclude that counsel fees were properly awarded and, therefore, affirm.

The Judicial Code, at 42 Pa.C.S. § 2503, provides that certain litigants shall be entitled to reasonable counsel fees as part of taxable costs. Included is “(7) [a]ny participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the…

Also in this document: Dissent.

2Cases cited8 opinions

  1. Weidner v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1982
  2. Shearer v. MooreSuperior Court of Pennsylvania · 1980
  3. Brenckle v. ArblasterSupreme Court of Pennsylvania · 1983
  4. Queen City Electrical Supply Co. v. Soltis Electric Co.Supreme Court of Pennsylvania · 1980
  5. In Re Estate of RoosSuperior Court of Pennsylvania · 1982

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3Cited by15 opinions

  1. Regina Polselli Rudolph R. Polselli (Intervenor-Plaintiff in d.c.) v. Nationwide Mutual Fire Insurance Company. Regina PolselliCourt of Appeals for the Third Circuit · 1997
  2. Goodman v. GoodmanSupreme Court of Pennsylvania · 1989
  3. Westmoreland County Industrial Development Authority v. Allegheny County Board of Property AssessmentCommonwealth Court of Pennsylvania · 1999
  4. In re Condemnation of the Property of the Estate of CiaffoniCommonwealth Court of Pennsylvania · 1990
  5. Szillery v. WheatonSupreme Court of Pennsylvania · 1989

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