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In re Trust of Batt

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Tuesday, January 7, 2014

S-12-1226, In re Matter of the Trust Created by Lawrence I. Batt

Douglas County, Judge John E. Huber and Judge Darryl E. Lowe

Attorneys: D.C. Bradford and Ryan Dougherty (Bradford & Coenen, LLC) for appellant Valerie H. Batt; Bruce Vosburg and Gerald L.Friedrichsen (Fitzgerald, Schorr, Barmettler & Brennan, PC, LLO) for co-trustees; appellees.

Civil: Trust Administration Proceeding

Proceedings Below: On August 28, 2012, a hearing was held on Valerie H. Batt’s, as mother and next friend of Lorenzo E. Batt, petition and her motion for a temporary injunction. All parties submitted evidence and briefed the issues. The county court issued an order denying the motion for preliminary injunction, allowing a discretionary distribution by the Trustees to Lorenzo Batt, approving the final distribution under the trust, and denying Valerie’s request for attorney fees. Valerie filed a motion for new trial which was denied.

Issues on Appeal: The court erred in (1) not entering a temporary injunction; (2) proceeding immediately to trial; (3) finding the proposed distribution to Appellant’s minor child was consistent with the intent of the settlor/grantor and in accordance with terms of said trust; (4) finding Appellant was not entitled to attorney fees; (5) overruling Appellant’s motion for new trial.


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