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Keywords

jurisdictionlitigationattorneyappealtrialverdictmotionwilljury trial

jurisdictionattorneystatuteprecedentappealtrialwillsustained

Related Cases

Matter of Estate of Corbett, 289 N.C.App. 629, 888 S.E.2d 408 (Table), 2023 WL 4340518

Facts

Caveator Diana G. Corbett filed a caveat against the will of her deceased husband, alleging lack of testamentary capacity and undue influence. Throughout the litigation, executrix Shannon Corbett Maus sought payment for her attorneys' fees, which caveator opposed as excessive. After a jury trial favored the caveator, executrix filed a motion for judgment notwithstanding the verdict, which was denied. The trial court later issued a fee Order, awarding fees to both parties and partially granting executrix's motion.

Caveator alleged testator lacked testamentary capacity or was unduly influenced in executing a new will while in the hospital one month prior to his death from cancer.

Issue

Did the trial court have subject-matter jurisdiction to enter the fee Order after executrix filed a notice of appeal, and did it err in granting caveator's petition for attorneys' fees?

First, executrix argues the trial court lacked subject-matter jurisdiction to enter the fee Order after executrix filed and served the first notice of appeal.

Rule

The trial court retains jurisdiction to award attorneys' fees in a caveat proceeding even after a notice of appeal is filed, as long as the fee award is not directly dependent on the outcome of the appeal.

Under our precedent, 'it is only when an award of costs is directly dependent upon whether the judgment is sustained on appeal, that, under N.C. Gen. Stat. § 1-294, the trial court lacks jurisdiction to enter an award of costs once notice of appeal has been filed as to the underlying judgment.'

Analysis

The court determined that the trial court had jurisdiction to enter the fee Order despite the pending appeal, as the award of fees was not contingent on the appeal's outcome. The court also found that the trial court's decision to award fees to the caveator was supported by the evidence presented at trial, which demonstrated substantial merit in the caveat.

The trial court entered its fee Order pursuant to section 6-21(2). Under this statute, the trial court is authorized to enter a discretionary award in a will caveat proceeding 'against either party, or apportioned among the parties …' and 'shall allow attorneys’ fees for the attorneys of the caveators only if it finds that the proceeding has substantial merit.'

Conclusion

The court affirmed the trial court's fee Order, concluding that it had jurisdiction and that the awarded fees were reasonable based on the locality of New Hanover County.

In sum, we affirm and part and dismiss in part: (i) the trial court retained jurisdiction to enter the fee Order; (ii) this Court lacks jurisdiction to review issues pertaining to caveator's fee petition; and (iii) the trial court did not err in conducting its reasonableness determination by concluding that New Hanover County is the appropriate locality for this action.

Who won?

Caveator Diana G. Corbett prevailed in the case as the trial court upheld the award of attorneys' fees to her, finding that her caveat had substantial merit.

The trial court found that all parties had brought good-faith arguments and that counsel had 'demonstrated exceptional skill' and conducted themselves 'ethically and with laudable collegiality.'

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