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IN RE ESTATE OF BAYERS

No. 00-715.

21 P.3d 3 (2001)

2001 MT 49

In the Matter of the ESTATE OF Shirley L. BAYERS, a Protected Person.

Supreme Court of Montana.

Decided March 22, 2001.

Rehearing Denied April 19, 2001.

Attorney(s) appearing for the Case

Philip P. McGimpsey, Billings, MT, for Appellant.

David A. Duke, Billings, MT, for James Bennett.

Damon L. Gannett, Gannett Law Firm, Billings, MT, for Guardian Ad Litem for Shirley Bayers.

William J. Mattix, Crowley Law Firm, Billings, MT, for Guardian Judy Trenka.

John T. Jones, Nancy Bennett, Moulton, Bellingham, Longo & Mather, Billings, MT, for Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 The Thirteenth Judicial District Court, Yellowstone County, assessed $1,500.00 in attorney fees as a sanction against Philip P. McGimpsey (McGimpsey) for unreasonably and vexatiously multiplying legal proceedings, pursuant to § 37-61-421, MCA. McGimpsey appeals this sanction. We affirm and remand with instructions.

FACTUAL BACKGROUND

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