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Posted by: Landry Butler on Nov 3, 2017

Court: TN Court of Appeals

Attorneys 1:

R. Horton Frank and Katlin A. Ryan, Nashville, Tennessee, for the appellants, Deborah Campbell-Cloyd and William Travis Campbell.

Attorneys 2:

Carolyn W. Schott and William L. Harbison, Nashville, Tennessee, for the appellee, Kimberly Campbell.

Judge(s): FRIERSON

This appeal involves attorney’s fees awarded during the course of a conservatorship. Upon a petition filed by the ward’s eldest two children, a response filed by the ward’s spouse, the report of a court-appointed guardian ad litem, and a mediated agreement, the probate court entered an order establishing a conservatorship for the ward and appointing the ward’s spouse as conservator on May 11, 2015. During the course of the conservatorship, the trial court found in three instances at issue that the conservator was entitled to attorney’s fees in disputes involving various requests to release information concerning the ward in a public forum. The trial court subsequently denied a motion to set aside, vacate, and stay enforcement filed by the original petitioners, who have appealed to this Court. Having determined that the original petitioners were given insufficient notice of two of the three hearings resulting in the assessment of attorney’s fees and costs against them, we vacate the trial court’s respective orders awarding attorney’s fees and costs in those two instances. We affirm the trial court’s judgment in all other respects at issue on appeal.