# Atwood v. Atwood

> Court of Civil Appeals of Oklahoma · April 3, 2001 · 72 O.B.A.J. 1530

URL: https://www.frixlaw.com/law-library/cases/9787091

## Case

- **Full name:** Allen A. ATWOOD III; Peter M. Atwood; And Philip A. Atwood and Perry A. Atwood, Minors by and Through Their Parents and Next Friends, Peter M. Atwood and Adina A. Atwood, Plaintiffs/Appellants. v. Roger M. ATWOOD, Individually and as Trustee of the Allen A. Atwood and Ferne Atwood Trust Dated February 1, 1957, Defendant/Appellee
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** April 3, 2001
- **Citations:** 72 O.B.A.J. 1530; 25 P.3d 936; 2001 OK CIV APP 48; 2001 Okla. Civ. App. LEXIS 23; 2001 WL 491955
- **Precedential status:** Published
- **Opinion:** Dissent by Taylor
- **Judges:** Rapp, Colbert, Taylor
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9787091

## Opinion text

TAYLOR, J.,
dissenting
11 I must dissent. I believe the provisions of 60 O.S. Supp.2000 175.57(D) were enacted to give courts discretion in trust proceedings such as this. Here, the record reflects careful scrutiny by the trial judge in awarding attorney's fees and costs. The record also shows the court considered the factual elements required by Burk v. City of Oklahoma City, 1979 OK 115 , 598 P.2d 659 . There was no abuse of discretion by the trial judge. To the contrary, the court below should be commended for the professionalism demonstrated in presiding over this complex and difficult case.
12 Although it is likely the former trustee's attorney made the strategic decisions concerning the defense of this litigation, the majority opinion will leave the former trustee exposed to the potential of personal liability for substantial attorney's fees incurred while successfully defending his actions as trustee. I believe that, under these circumstances, such exposure is not just or equitable.
13 I would affirm the trial court in all respects.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9787091. Public record. Not legal advice.