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Posted by: Tanja Trezise on Dec 19, 2014

Court: TN Court of Appeals

Attorneys 1:

Larry E. Parrish, Memphis, Tennessee, for the appellant, The Estate of John J. Goza.

Attorneys 2:

Kenneth P. Jones and M. Matthew Thornton, Memphis, Tennessee, for the appellee, SunTrust Bank, N.A.

Robert E. Cooper, Jr., Attorney General and Reporter; Joseph F. Whalen, Acting Solicitor General; and Janet M. Kleinfelter, Deputy Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

Judge(s): GIBSON

This is an appeal from a probate court order denying the request of an estate’s personal administrator to resign and be replaced by his attorney. This matter came to the probate court on remand from the court of appeals for the sole purpose of resolving issues related to an award of attorney’s fees. Before the probate court addressed the issue of attorney’s fees, the personal representative filed a motion seeking to resign as personal representative and have his attorney appointed in his place. The court entered an order denying the motion, and the Estate appealed. We find that the probate court’s denial of the personal representative’s motion to resign was within its discretion. We therefore affirm the judgment of the probate court.