In the Matter of the Trust of Duane M. Pagel
Richard Pagel, Appellant
Attorney for Appellant
Nick Critelli and Lylea Critelli
Attorney for Appellee Brenda Warnke
Gary J. Boveia
Attorney for Appellee Susan Moulds
Todd A. Geer
Attorney for Appellees Lacey Pagel, Jesse Pagel, and Alex Pagel
Jeremy B. Hahn
Attorney for Appellee James Updegraff
Christopher C. Fry and Alex L. Hofer
Attorney for Appellee First National Bank of Waverly
Patrick B. Dillon
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Fayette County, Richard D. Stochl, Judge. AFFIRMED IN PART, VACATED IN PART, AND REMANDED WITH DIRECTIONS. Considered by Greer, P.J., and Chicchelly and Langholz, JJ. Opinion by Greer, P.J. (13 pages)
Richard Pagel appeals the ruling denying his application for fees, costs, and expenses. OPINION HOLDS: We vacate the district court’s ruling insofar as it denied Richard’s request for payment of fees, costs, and expenses related to his defense of the trust’s 1998 farm stock sale and remand with directions to determine if he is entitled to payment as to that challenge and the appropriate award. We affirm as to the 2010 real estate sale as we find that the court did not abuse its discretion in disallowing fees, costs, and expenses for Richard defending against reasonable claims by the trust’s beneficiaries over his breach of the duty of loyalty and self-dealing.
