Judge: Melissa R. Mccormick, Case: Logan v. Logan, Date: 2022-07-28 Tentative Ruling

Partition Referee’s Motion for Order Approving Final Report and Account and Other Orders

Partition Referee Richard A. Halderman, Jr. moves for an order approving the Referee’s final report and accounting; approving the Referee’s compensation and reimbursement of fees and costs; approving disbursement of the remaining estate funds after payment of unpaid costs of administration and claims; discharging the Referee from any further duties or responsibilities and terminating the Referee’s appointment; approving the Referee’s contracts and actions as right and proper and being in the best interests of the estate; ordering plaintiff Thomas P. Logan and defendant Matthew E. Logan to be jointly and severally liable to defend and indemnity the Referee against any claims or demands that may arise from the Referee’s services; approving retention of the court’s jurisdiction over any matters or claims that may arise concerning the Referee; authorizing the Referee to discard all files and records of the estate; authorizing the Referee to defend any appeal of any order issued by the court approving the Referee’s final report and accounting and to recover fees and costs incurred doing so from the funds remaining in the estate and/or from the appellant; and authorizing reimbursement of the Referee and various people affiliated with the Referee of fees and costs incurred regarding any future matters regarding this case.  No oppositions to the Referee’s motion have been filed.  The motion is granted in part and denied in part.

The court grants the Referee’s motion for an order approving payment of the following sums:

Law Offices of Hydee J. Riggs:       $11,806.84

Karl T. Anderson, CPA:                 $11,652.26

Internal Revenue Service:             $228.00

The court denies the Referee’s request for an “extraordinary fee” of $7,500.00 because the Referee cites no law authorizing the court to award such a fee. 

The court denies without prejudice the Referee’s motion for an order approving the Referee’s final report and account and terminating the Referee’s appointment because the court file does not contain a final report and account.  In addition, the motion does not sufficiently explain the Referee’s recommendations about disbursements to Thomas Logan and Matthew Logan, e.g., the motion does not explain the calculation of the “ ½ joint costs” sum of $90,354.76 allocated to each of Thomas Logan and Matthew Logan or the “sole costs” sum of $103,481.60 allocated to Matthew Logan. 

The court denies the Referee’s motions for the other orders listed above because the Referee cites no law authorizing the court to issue the requested orders, including prospective orders addressing future events that may or may not occur. 

The Referee to give notice.

Order to Show Cause re Dismissal

The OSC re Dismissal is continued to October 27, 2022 at 1:30 p.m. in Department C13.

Clerk to give notice.