Key v. Tyler

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The Court of Appeal modified its prior opinion and inserted the following paragraph: The probate court's orders (1) striking Key's No Contest Petition under Code of Civil Procedure section 425.16; (2) awarding attorney fees to prevailing parties on their motion to strike under Code of Civil Procedure section 425.16; and (3) denying Key's motion for attorney fees on appeal are reversed. The case is remanded for further proceedings on Key's petition and for determination of Key's reasonable attorney fees in defending Tyler's appeal in case No. B258055. On remand, the trial court shall determine whether those fees are to be paid solely from Tyler's share of the Trust estate (if any). Key is entitled to her costs on this appeal. The court's modification changed the judgment and the petition for rehearing was denied. View "Key v. Tyler" on Justia Law