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FISCHER v. FISCHER

867 A.2d 1190 (2005)

375 N.J. Super. 278

Harold M. FISCHER, Plaintiff, v. Annette C. FISCHER, Defendant-Respondent, and Elliot H. Gourvitz, P.A., Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 2005.

Attorney(s) appearing for the Case

Elliot H. Gourvitz, appellant pro se (Richard A. Outhwaite, Springfield, on the brief).

Annette C. Fischer, respondent pro se.

Harold M. Fischer, plaintiff pro se, did not file a brief or otherwise participate in this appeal.

Edwin J. McCreedy submitted a brief on behalf of amicus curiae New Jersey State Bar Association (Catherine M. Brown, Bonnie C. Frost, and Amirali Y. Haidri, Union, on the brief).

Before Judges WEFING, FALL and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

We granted leave to appeal in this matter to consider whether or to what extent a Family Part judge has the discretion to direct the return of a retainer when permitting an attorney's withdrawal from a matrimonial action and, also, whether a Family Part judge has jurisdiction to conclusively determine any nascent fee disputes in this setting. The issue is of importance not only to those involved in this...

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