· 11/5/2021

In Re Conservatorship Of Ruth Tomlinson Osborn

Syllabus

Aristotle once explained that \it is possible to fail in many ways . . . while to succeed is possible only in one way[.]\[1] With some notable exceptions, in order for an issue to be proper on appeal, success depends on the following requirements: (1) that an issue be properly raised in the trial court and (2) that the issue be properly raised on appeal. Of the three arguments Appellants presented in this appeal, none meets both of the above requirements, though they all fail in different respects. As a result, we affirm the decision of the trial court and award Appellee attorney's fees for defending against a frivolous appeal.

Judges: Western Section Presiding Judge J. Steven Stafford

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