In the Matter of the Estate of CAROL M. CAREY

What the court wrote

Verbatim from the court's document (public domain). Ellipses mark omitted text; nothing is paraphrased.

concerns the TEDRA Agreement. ORDER ON MS. WHITMAN’S AND MR. MAY’S MOTION FOR SUMMARY JUDGMENT Ms. Whitman also requests sanctions against Todd for filing Todd argues the court's order on summary judgment this frivolous appeal, his failure to comply with the RAPs, in favor of Ms. Whitman and Mr. May was inappropriate. and his multiple citations to fictious cases and authority. Ms. Whitman responds that Todd consented to summary RAP 18.9(a). Indeed, Todd cited to incorrect, chimerical, or judgment and may not now appeal that order. We agree with inapplicable case law throughout his briefing to support his Ms. Whitman. At the hearing on the motion for summary arguments. Where the case itself was not fabricated, Todd judgment, Todd's counsel confirmed he did not oppose the often misquoted or misrepresented the holdings. We decline motion. Consequently, the court entered an order granting to sanction Todd for his use of fictitious case law and failure summary judgment in favor of Ms. Whitman and Mr. May. to comply with the RAPs but order sanctions for the filing this Todd cannot be heard objecting in this court to that which he frivolous appeal. assented to in the superior court. Port v. Parfit, 4 Wash. 369, 375, 30 P. 328 (1892). CONCLUSION ATTORNEY FEES We affirm the trial court's order on summary judgment All parties request their attorney fees on appeal. Because Todd and decline review of Todd's purported errors that he was has not prevailed, he is not entitled to attorney fees. Ms. wrongly removed as PR, was afforded ineffective assistance Whitman and Mr. May request their fees pursuant to RAP of counsel, and that the Agreement was signed by him under 18.1, RCW 11.96A.150, RCW 4.84.185, and the Agreement. duress and should be invalidated. We award Ms. Whitman and We grant Ms. Whitman's and Mr. May's requests. Mr. May attorney fees and costs and sanction Todd for filing this frivolous appeal.

Authorities cited in the passage: In re Estate of Stoler, 113 Wn. App. 104 (2002) · Estate of Wallace v. Palmer, 103 Wn. App. 1064 (2000) · In re Estate of Powers, 255 Ill. App. 3d 1006 (1994) · McIntosh v. McIntosh, 282 Ga. 610, 652 S.E.2d 546 (2007) · In re Estate of Griffith, 327 P.3d 612 (Colo. 2014) · Perez v. Pappas, 98 Wn.2d 835, 659 P.2d 475 (1983) · State v. Neely