State v. Estate of Elliott ( 2005 )

Justice EISMANN,

Concurring.

I fully concur in the majority opinion, but write only to add the following comment regarding the awarding of attorney fees to the estate. During oral argument, counsel for the Department admitted, “When it comes to that order from Judge Dutcher, what was odd about that order is we completely agreed with everything it said.” Thus, the Department has appealed an order with which it completely agrees in an attempt to raise issues upon which the trial court did not rule.