Estate of Brown
This appeal is from a postjudgment order entered in a consolidated probate matter and civil action that awarded petitioner Lewis P. Brown and his brother John J. Brown (collectively respondents) recovery of their attorney fees and prejudgment interest against objector Douglas A. Brown (appellant). The case is related to another pending appeal brought by appellant from the judgment in the underlying case, Estate of Brown, G043282.
Appellant attacks the postjudgment order, arguing respondents failed to timely seek recovery of their attorney fees and interest. He also claims there is no statutory basis for the fee award, and a request for prejudgment interest cannot be awarded in this type of postjudgment proceeding.
We agree with appellant's latter two grounds and reverse the postjudgment order in its entirety. But since we are reversing the judgment in the related appeal, respondents will be entitled to again attempt to establish a right to recover prejudgment interest upon remand to the superior court.
Comments on Estate of Brown