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The evidence regarding the legal expenses consists of two
joint exhibits and the testimony of petitioners' witnesses. One
exhibit is the petition for enforcement of Resthaven's rights
under the divorce decree between petitioner and Ms. Bledsoe. The
other exhibit is the memorandum opinion from an appeal by
petitioner and Resthaven which, the court notes, represents the
"aftermath of the divorce granted to the parties in 1981." At
the trial here, petitioner's witness Edwin Carpenter, an attorney
who was personally involved with the divorce litigation,
explained that the litigation was consolidated in order to
address the rights and obligations of both Ms. Bledsoe and
Resthaven.
It is evident that Resthaven had an interest in protecting
and conserving its corporate assets, which were at risk in the
consolidated litigation. Resthaven was a party to a portion of
these proceedings, and it had financial interests in protecting
its assets independent of petitioner. Specifically, it claimed
rights to the proceeds of the note on which Ms. Bledsoe was
liable. If Ms. Bledsoe had prevailed in her counterclaim,
Resthaven and its cemetery might have suffered substantial
economic hardship. Although the proceedings were "an aftermath
of the divorce", as the court which entertained petitioner's and
Resthaven's appeal noted, Resthaven had a financial stake in a
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