DAVIS v. RAHKONEN

No. 82-1089.

112 Wis.2d 385 (1983)

332 N.W.2d 855

IN the MATTER OF ATTORNEY'S FEES IN RE the MARRIAGE OF Maren RAHKONEN and David L. Rahkonen: J.M. DAVIS, Appellant, v. David L. RAHKONEN, Respondent.

Court of Appeals of Wisconsin.

Decided March 25, 1983.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of J.M. Davis of Phillips & Davis of Waukesha. Steven J. Steinhoff of counsel.

For the respondent the cause was submitted on the brief of Frank W. Bastian of Lichtsinn, Haensel, Bastian, & Erchul, S.C. of Milwaukee.

Before Voss, P.J., Brown and Scott, JJ.


SCOTT, J.

Attorney J.M. Davis appeals from that part of a divorce petition dismissal that denied him an award of attorney fees. The issue is whether the death of a party to a pending divorce action deprives the circuit court of jurisdiction to award a judgment for attorney fees pursuant to sec. 767.23(3), Stats. Because we conclude that an award of attorney fees is in accord with the legislative intent of sec. 767.23(3), we reverse.

On June 9, 1980, Maren...

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