Estate of Paulson
J. Michael Paulson, as trustee of the Allen E. Paulson Living Trust u/d/t December 23, 1986 (Trustee), appeals from a probate court order denying his motion for contractual prevailing party attorney fees and costs on grounds it lacked subject matter jurisdiction. The court entered its order on remand after this court held the probate court did not have subject matter jurisdiction to enforce a settlement agreement entered into between Trustee and respondent Madeleine Paulson (Madeleine). Conceding the probate court lacked subject matter jurisdiction to summarily enforce the parties' settlement agreement, on appeal, Trustee contends the court nevertheless had fundamental subject matter jurisdiction to award him his attorney fees as recoverable costs of suit. Court disagree, and affirm the order.
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