Opinion

In Re Estate of Liscio

  • 432 Pa. Super. 440
  • 638 A.2d 1019
  • 1994 Pa. Super. LEXIS 964
  • 1994 WL 83213
Court
Superior Court of Pennsylvania
Filed
Mar 17, 1994
Status
Published
Author
Cercone
On the bench
Tamilia, Hudock, Cercone
Cited by
29 cases

affirming award of attorneys’ fees for bad faith because the offending party’s claim had “no reasonable possibility of success, coupled with her prolonging litigation and unnecessarily delaying distribution of the estate, as well as costing the estate thousands of dollars in attorney fees”

How later courts described this case

  • affirming award of attorneys’ fees for bad faith because the offending party’s claim had “no reasonable possibility of success, coupled with her prolonging litigation and unnecessarily delaying distribution of the estate, as well as costing the estate thousands of dollars in attorney fees”
  • attorney of party was properly held liable under section 2503(7) for attorney fees and costs, where attorney knew or should have known that party’s claim was without merit; counsel filed action on behalf of party against estate oí; alleged natural father with . knowledge that party had been adopted and with knowledge that law prohibits adopted children from recovering from their natural parents’ estates
  • attorney of party was properly held liable under section 2503(7
  • where claim had no reasonable possibility of success, and continued litigation cost estate attorneys’ fees, award under § 2503 was proper

Written by the judges who cited it.

The opinion

CERCONE, Judge,

concurring:

Although I concur in the decision of my esteemed colleagues, I write separately to emphasize my view that since this matter turns on the issue of bad faith as it relates to the imposition of attorneys’ fees, I have serious doubts as to how far our judicial system can go in precluding inspection of court documents by a litigant who has a legitimate interest in and *449 right to explore them. However, since in this particular case, the issue has been waived, this court is correct in not addressing it.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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