Johnson v. Miller
Annotate this CaseArla Johnson deeded farmland to her daughter Linda, and son-in-law, Claude Miller. Linda subsequently filed for divorce from Claude. Arla then sued Claude, claiming she was fraudulently induced by him into deeding the land. The circuit court granted summary judgment in favor of Claude. Claude appealed the denial of his motion for attorney’s fees. On appeal, Claude argued Arla's suit was malicious and frivolous, and therefore when the trial court ruled in his favor, he was entitled to attorney's fees. The Supreme Court deferred to the trial court's discretion when it decided the suit was not malicious or frivolous, and affirmed the trial court's judgment.
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