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Klingelhoefer v. Monif

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Friday, September 6, 2013

S-12-1117, David J. Klingelhoefer, as Successor Trustee of the Constantce K. Klingelhoefer Revocable Trust and as Manager of the Constance Klingelhoefer LLC (appellee) v. Kerry L. Monif, Donald G. Klingelhoefer, Lisa Urwiller et al. (appellants)

 Buffalo County, Hon. John P. Icenogle

Attorneys: Daniel E. Klaus (Rembolt Ludtke) (appellee); David J. Lanphier (Broom, Clarkson, Lanphier & Yamamoto) (appellants)

Civil: Trust; attorney fees

Proceedings below:    This case was previously before the Court of Appeals. See A-11-0056, Klingelhoefer v. Monif (affirmed, memorandum opinion); See A-10-0754, Klingelhoefer v. Monif (appeal dismissed). After a hearing, the district court for Buffalo County entered an order denying David Klingelhoefer’s, appellee, request for prejudgment interest and his request for damages, but awarding appellee’s request for post-judgment interest, costs, and attorney fees. Appellants, Kerry Monif, Donald Klingelhoefer, and Lisa Urwiller, appeal.

Issues: Appellant states that the district court erred when it (1) awarded appellee interest, costs, expenses, and attorney fees when the district court addressed the issue of attorney fees after trial; (2) granted interest, costs, expenses, and attorney fees at a hearing on a supersedeas bond which exceeded the terms of coverage of the bond; and (3) denied appellants’ request for attorney fees.



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