Leroy Stroman v. Robert Russell Tautenhahn Independent of the Estate of Robert L. Wright

OPINION

Kem Thompson Frost, Chief Justice

In this appeal we consider whether a party to a nonsuited case is entitled to attorney’s fees. Because the party seeking attorney’s fees had no pending request for affirmative relief when the case was nonsuited, we conclude that (1) this court has appellate jurisdiction; and (2) the trial court did not err in refusing to award fees. We affirm.

I. Factual and Procedural Background

This appeal arises out of a dispute over real property. Appellant Leroy Stroman, who began living on the property in 1994, claimed that Robert Wright devised the property to him…