Chavis v. Patton
| Decision Date | 23 July 1997 |
| Docket Number | No. 53A05-9610-CV-422,53A05-9610-CV-422 |
| Parties | June CHAVIS, et al., Appellants, v. Bonnie PATTON and Janet Tyree, Appellees. |
| Court | Indiana Appellate Court |
This appeal arises from the trial court's award of attorney fees from the guardianship estate of Fronia Jones to one of her daughters, Bonnie Patton, in the amount of $12,259.63. The two restated issues for our review are whether the trial court properly awarded attorney fees for services which were related to the mediation and settlement of a claim existing prior to the guardianship and whether the trial court properly awarded fees for services which were related to the guardianship but which were initiated by Patton. 1 We affirm in part, reverse in part, and remand with instructions.
The facts most favorable to the judgment follow. In 1987, Patton sold her home and moved in with her parents to care for them. On February 26, 1992, Patton's parents conveyed a parcel of land to her. Thereafter Patton's father died. Patton continued to care for her mother until June of 1993, when Jones was taken to live with another daughter, June Chavis.
On June 22, 1993, Jones and Chavis brought suit against Patton, alleging that she had fraudulently induced Jones to deed the real estate to her (the "real estate litigation"). Jones and Chavis sought to have the property returned to Jones. Patton retained attorney William Andrews to defend the suit.
In March of 1994, Patton also retained Andrews to begin guardianship proceedings on behalf of Jones. 2 On December 14, 1994, the trial court appointed the Bank One Trust Group ("Bank One") as guardian of Jones' estate, and the real estate litigation was continued. After the guardianship was established, Patton filed several requests with the trial court for action on various matters regarding Jones and her estate. Andrews continued to represent Patton's interests in all of the matters relating to the guardianship after Bank One was appointed.
After a hearing on August 23, 1995, the trial court denied a request for an advance of attorney fees from the estate for attorney David Coleman to pursue the pending real estate litigation on behalf of Jones. Rather, the trial court ordered the parties to attempt to settle the real estate litigation through mediation. The parties later reached an agreement whereby the guardianship estate would pay Patton $18,000 in exchange for the return of the real estate. The trial court approved the settlement.
On April 1, 1996, Patton filed a petition for an award of attorney fees from the guardianship estate. The trial court granted the petition on April 11, 1996. However, on the same day, Chavis filed an objection to the payment of attorney fees. On April 17, 1996, Bank One also filed an objection to the payment of attorney fees. On May 6, 1996, Patton filed a response to the objections.
The trial court later held a hearing on the petition, objections, and response. On June 21, 1996, the trial court affirmed the initial order granting Patton's petition for attorney fees. Chavis now appeals, arguing that the trial court erroneously awarded fees which should not have been taxed against the guardianship estate.
Ind.Code § 29-3-2-4 provides that "[a]ll findings, orders, or other proceedings under [the guardianship statute] shall be in the discretion of the court unless otherwise provided in this article." This court will reverse a trial court's judgment for an abuse of discretion only if the judgment is against the logic and effect of the facts and circumstances before the court, together with any reasonable inferences arising therefrom. In re Guardianship of Wickersham, 594 N.E.2d 498, 501 (Ind.Ct.App.1992). When reviewing the trial court's findings and judgment, we consider only the evidence most favorable to the prevailing party, and we neither reweigh the evidence nor reassess witness credibility. Id.
The guardianship statute specifically addresses payment of attorney fees by a guardianship estate. See I.C. § 29-3-9-9. This section governs the payment of expenses of appointment and other proceedings and provides:
I.C. § 29-3-9-9 (emphasis added). 3
The first issue for our review is whether the trial court properly awarded fees for those services relating to the mediation and settlement of the real estate litigation. Chavis contends that the matters relating to the real estate litigation were not reimbursable because they were outside the scope of the guardianship statute and were not for Jones' benefit.
Chavis' argument requires us to interpret the language of I.C. § 29-3-9-9(b), specifically the "under this article" and the "results in benefit" language. The interpretation of a statute is a question of law which is reserved for the courts. Robinson v. Monroe County, 658 N.E.2d 647, 649 (Ind.Ct.App.1995), reh'g denied, 663 N.E.2d 196 (Ind.Ct.App.1996), trans. denied. Our objective when construing the meaning of a statute is to ascertain and give effect to the legislative intent expressed in the statute. Id. Where a statute has not previously been construed, the interpretation is controlled by the express language of the statute and the rules of statutory construction. 4 In re E. I., 653 N.E.2d 503, 507 (Ind.Ct.App.1995).
The court is required to determine and effect the legislative intent underlying the statute and to construe the statute in such a way as to prevent absurdity and hardship and to favor public convenience. Id. In so doing, we consider the objects and purposes of the statute, as well as the effect and consequences of such interpretation. State v. Windy City Fireworks, Inc., 600 N.E.2d 555, 558 (Ind.Ct.App.1992), adopted on transfer, 608 N.E.2d 699 (Ind.1993). When interpreting the words of a single section of a statute, this court must construe them with due regard for all other sections of the act and with regard for the legislative intent to carry out the spirit and purpose of the act. Detterline v. Bonaventura, 465 N.E.2d 215, 218 (Ind.Ct.App.1984). We presume that the legislature intends for this court to apply language in a logical manner consistent with the statute's underlying policy and goals. Id. The legislative intent as ascertained from the whole prevails over the strict, literal meaning of any word or term used therein. Indiana Patient's Compensation Fund v. Anderson, 661 N.E.2d 907, 909 (Ind.Ct.App.1996), trans. denied.
Chavis contends that the mediation and settlement of the real estate litigation were not within the purview of the "any other proceeding under this article" language of the statute which permits fees to be recovered from the guardianship. I.C. § 29-3-9-9(b). Chavis alleges that the real estate litigation was an entirely separate suit and, as a result, does not fall within the scope of the statute. In addition, Chavis contends that the mediation and settlement were not to Jones' "benefit" within the meaning of the statute.
The real estate litigation was commenced in June of 1993 when Chavis and Jones sought the return of the property. In March of 1994, Patton and the other siblings initiated guardianship proceedings. Guardianship was later established. The trial court then ordered mediation for the real estate litigation and appointed a guardian ad litem to represent Jones' interests. The trial court is authorized to appoint a guardian ad litem and to approve settlements of claims involving the protected person under the guardianship statute. See I.C. §§ 29-3-2-3, 29-3-9-7. As such, the trial court acted pursuant to the guardianship statute. Therefore, the mediation and settlement proceedings fall "under this article" and are within the general scope of the statute permitting fees. I.C. § 29-3-9-9(b).
Although the "under this article" language is satisfied, the "results in benefit" language was not satisfied. Specifically, we cannot conclude that the type of benefit Jones enjoyed from the mediation and settlement was the type contemplated by the legislature when it permitted fees to be recovered from the guardianship estate. The ultimate resolution of the real estate litigation was to restore ownership of the real estate to the guardianship with the obligation of the guardianship to pay Patton $18,000. Andrew's duty to represent Patton in an adversarial proceeding and the cost of that representation did not benefit Jones. In fact, Andrews' diligent representation of Patton's interests led directly to an $18,000 detriment to the guardianship and to Jones' interests. Every dollar Andrews was able to secure in this settlement was at the expense of the guardianship. Although Patton contends that the settlement itself was a benefit to Jones' estate because Jones ultimately received the real estate, the actual expenses of Patton's attorney in the mediation were incurred directly to the detriment of Jones. In the course of the mediation, Andrews' goal was to negotiate the most beneficial arrangement for Patton, not for Jones.
We must construe statutes to prevent absurdity or a result the legislature, as a reasonable body, could not have intended. Boushehry v. State, 648 N.E.2d 1174, 1179 (Ind.Ct.App.1995), reh'g denied. By construing the statute in the manner urged by Patton, we would have to conclude that the legislature intended to allow opposing parties to collect fees...
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