IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT AT KENAI

In the Matter of the Estate of                  )
STEWART ERIC BRANDON, JR., )
                                                         )
Deceased.                                         )
________________________________)
CASE NO: 3KN-91-83 PR-MS

ORDER APPROVING SETTLEMENT

 

This matter was remanded to this Court by the Supreme Court on August 18, 1995 (902 P.2d 1299 (Alaska 1995)), for further proceedings to evaluate the September 4, 1990 paternity case settlement which had been approved by Judge Cranston on that date, in light of the requirements of Civil Rule 90.2, and in light of certain allegations relating to possible ethical violations raised by the Guardian Ad Litem. These allegations related to duress, conflict of interest, and fee splitting by attorneys. A hearing on remand was scheduled to commence on March 26, 1996. On that date, the parties apprised the Court of a tentative settlement that they intended to submit to the Court for approval pursuant to Civil Rule 90.2. Notwithstanding the tentative settlement, and in light of the Court's understanding of the dictates of the Supreme Court's opinion, the Court conducted a four day evidentiary hearing and has independently inquired into the legal and factual basis for the settlement, including but not limited to the issues relating to the best interests of the minor involved.

The Court, being fully advised in the premises, does hereby ORDER as follows:

1) The GAL has advised the Court that the Supreme Court's treatment, in its opinion, of the issues relating to duress arose out of a misunderstanding of her position. The parties have agreed, and the Court finds, that the allegations of duress by John S. Hedland against Christy Crume and the minor child alluded to in that opinion are without foundation, and that there is no evidence to support them.

2) The Court has considered the settlement in light of the other concerns contained in the Supreme Court's opinion, and does hereby:

(a) approve the interim distributions heretofore made in July, 1992, to the following in the amounts set out below:

HellÚn Costs $ 100,799.76

HellÚn Fees $ 199,600.12

Cowan Fees $ 199,600.12

Hedland Fees $ 299,826.38

Hedland Costs $ 58,531.62

Voluck Fees $ 74,581.00

Kashi Fees $ 52,970.79

Kashi Costs $ 14,090.21

(b) approve the following additional distributions:

Stewart Brandon $ 76,590.61

Helen Carter $ 75,864.61

HellÚn $ 375,000.00

Cowan $ 215,000.00

Hedland, Fleischer, Friedman Brennan & Cooke $ 220,000.00

3) Joseph Kashi shall pay the Brandon Trust the sum of $5,303.12, due on or before June 28, 1996.

4) Findings and conclusions of this Court will be set out in a separate document to be made a part of the sealed file in this case.

DATED this 26 day of April, 1996.

Signed: Jonathon H. Link
Superior Court Judge