#WEHATETOLOSE

On December 15, 2022, the parties stood in open court and announced that they had resolved all of the remaining issues in a long and protracted case involving the interpretation of a will. Ms Kaufman appeared in this case many years into the litigation and increased each of her clients' inheritance by almost 60%. A consent order was later entered by the Trial Court confirming that agreement. Everyone with counsel was present. Everyone agreed to waive any rights under the Tennessee Rules of Civil Procedure and the Tennessee Rules of Appellate Procedure to appeal the order—or any prior order. The waiver was clear, knowing, and voluntary.

Even so, Plaintiffs' appellate counsel filed an appeal to the Tennessee Court of Appeals, attempting to revive an argument that had already been waived in open court. Ms. Kaufman argued against the Plaintiff's appeal.  Kaufman Monroe Law's client prevailed and the Plaintiff was ordered to pay all of our clients' legal fees related to the appeal and found that the Plaintiff's appeal was frivolous.

Plaintiff then appealed to the Tennessee Supreme Court  where we also prevailed. The Tennessee Supreme Court alsoorderd the Plaintiff to pay all of our clients' legal fees for this appeal finding the appeal to be frivolous.

The Supreme Court held that Plaintiffs not only ignored their binding waiver but also attempted to relitigate the distribution of Dr. Key's estate seven years after it had been conclusively decided. The Court remanded the case for an award of reasonable attorney's fees and expenses.

The result: nearly $62,000 in attorney's fees assessed against Plaintiffs' counsel and reimbursed to  Kaufman Monroe Law's clients for having to defend against a frivolous appeal.