In the Interest of Delluomo v. Cedarblade

Opinion by

JUDGE J. JONES

{1 Defendant, Brenda Cedarblade, appeals the district court's judgment entered on a jury verdict awarding attorney fees to plaintiffs, Phillip Delluomo and his conservator, Janice Eder, based on Ms. Cedarblade's breach of fiduciary duty. Because we conclude that the cireumstances of the case do not fit within any recognized exception to the "American rule"-requiring parties to pay their own legal expenses-we vacate the portion of the judgment awarding attorney fees.

I. Background

12 Mr. Delluomo created a revocable living trust. He named himself trustee and Wells Fargo…