Hood v. Marvin & Kay Lichtman Foundation
Hood v. Marvin & Kay Lichtman Foundation
Opinion of the Court
June Hood and Edward Hammatt, Jr., as trustees, and Sol Stiss, their attorney, appeal the trial court’s order awarding them $1 in fees. We reverse.
In Marvin and Kay Lichtman Foundation v. Estate of Marvin Lichtman, 773
Here, on remand, the trial court entered an order stating that it “has been unable to locate any additional facts or testimony other than that previously relied upon by the Court in making its initial awards. While the Court believes the trustees and their attorneys are legally and factually entitled to fees, this Court is unable to make such an award since no additional facts or testimony can be cited to support same.” The trial court was unable to discern a basis in the record of the proceeding for the fee awards and, despite our citation to Dhondy, concluded that it could not consider additional evidence. However, this court’s remand permitted the court to conduct an evidentiary hearing. As the trial court was unaware that it had the discretion on remand to consider additional evidence, we reverse the order and remand for an evidentiary hearing on the amount of fees earned by the trustees and their attorney.
Reversed and remanded for an eviden-tiary hearing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.