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CRITTELL v. BINGO

No. S-10642.

83 P.3d 532 (2004)

Edmond CRITTELL and Elma Crittell, Appellants, v. Laura BINGO, Thomas Bingo, Alice Masuyama, Colleen Nishiyama, Elaine Sakaitani, and Leatrice Takeuchi, Interested Parties, and the Estate of Violet M.B. Houssien, Deceased, Appellees.

Supreme Court of Alaska.

Rehearing Denied February 11, 2004.

Attorney(s) appearing for the Case

Michael Cohn and George E. Goerig, Goerig & Associates, LLC, Anchorage, for Appellants.

Richard G. Haggart, Law Offices of Richard G. Haggart, P.C., Anchorage, for Appellees.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

BRYNER, Justice.

I. INTRODUCTION

Edmond and Elma Crittell, the proponents of a will held to be invalid and fraudulent, appeal the superior court's award of full attorney's fees under Alaska Civil Rule 82, contending that the rule does not apply to probate proceedings. Alternatively, the Crittells argue that the trial court abused its discretion by awarding enhanced fees under Rule 82. Because Rule 82 fees may be awarded under the...

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