Bragg v. Teslow
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In Fairbanks, Alaska, a man, Timothy Teslow, cut down a grove of birch trees on a property that was up for sale by its owner, Wallace Cox. The property was subsequently bought by David and Rhetta Bragg. The Braggs sued Teslow for damages, claiming that he had trespassed on the property and cut down the trees without permission. However, midway through the proceedings, they decided not to oppose Teslow's motion for summary judgment, believing their claims were not viable. The Superior Court of the State of Alaska ruled in favor of Teslow and awarded him full attorney’s fees, finding that the Braggs' claims were frivolous and that they had filed the lawsuit with an improper purpose. The Braggs appealed this decision.
The Supreme Court of the State of Alaska held that one of the Braggs' claims was not frivolous and that the finding of an improper purpose was clearly wrong. The court vacated the award of full attorney’s fees and remanded the issue of fees for further consideration. However, the court affirmed the denial of the Braggs' motion for relief from the judgment under Alaska Civil Rule 60(b), stating that the incompetent advice of their attorney is not a ground for relief from judgment under this rule.
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